BREAKING: A NYS JUDGE HAS ISSUED A TEMPORARY RESTRAINING ORDER EXTENDING THE ENROLLMENT PERIOD BEYOND OCTOBER 31.

Justice Lyle E. Frank issued a Temporary Restraining Order on Thursday, October 21. He ruled:

"ORDERED that the respondents are enjoined from enforcing the October 31, 2021 Opt- Out/ Opt-In date; and it is further

ORDERED that petitioners maintain the status-quo enrollment in until the respondents cure deficiencies with the implementation of the proposed new Medicare Advantage Plan, and it is further

ORDERED that such new plan be sent to this Court for this Court to review and determine whether such plan cures the defects as indicated above, and it if further

ORDERED that such plan be sent to the petitioner’s counsel seven days prior to such submission to the Court and petitioner may then provide any input regarding the proposed new plan to the Court."

But the "Court has upheld the process used to pick the Alliance, so the entire process will not need to begin anew." In effect, he ruled against Aetna and United Health Care, two companies that had losing bids for the Medicare Advantage contract, that had filed suit.

Here is what we know: (1) The enrollment period has been extended into November and maybe beyond. (2) The Alliance remains as the Medicare Advantage vendor.

What still has to be determined: The court's review and acceptance of a new plan submitted by the vendor and the City to "cure deficiencies with the implementation of the proposed new Medicare Advantage Plan." Will this also impact whether those who opt to keep their current NYC plan must pay a premium? Will the City and the vendor appeal the judge's ruling?

Click HERE to read the TRO.

Find out more about the City's change in retiree healthcare benefits. We have created a one-stop web page with important information and links to help retirees navigate this healthcare change (and to understand how it happened and what role the PSC retirees played in opposing the change).