The ruling comes as the city is engaged in several court battles with the NYC Organization of Public Service Retirees over the city’s proposal to switch its health plan offerings for retired city employees to Medicare Advantage.
The ruling on copays is separate from the Medicare Advantage court fights but hinges on a city law that requires the city to provide retired city employees with cost-free coverage for life.
An attorney for the NYC Organization of Public Service Retirees told the Daily News the ruling is a “major win” as the Medicare Advantage fight continues.
In March 2022, based on the same law, a judge ruled the city cannot impose a $191 fee on retirees who choose not to participate in a Medicare Advantage plan.
New York City Mayor Eric Adams has asked the city council to amend city law to allow the fee to be legal.
The New York Daily News reported several council members have voiced opposition to the proposal.
In July, Empire BlueCross BlueShield pulled out of the city’s proposed plan because of the “level of uncertainty” in implementing the plan.
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