Full list: Hochul signs 85 bills, vetoes 57 others

And DOH is accused of a "rigged" bidding process for the CDPAP program in a new lawsuit.

Good afternoon — it’s Monday and Blasé Day.

In today’s CapCon:

• Hochul has signed 85 bills and vetoed 57 others. See the full list and read about a few that stood out.

• A home care company claims the state “rigged” the bidding process to take over the popular CDPAP Medicaid program for the winning applicant.

• A member of the state Senate is running for mayor of Buffalo.

• The Assembly has scheduled a public hearing on housing next week.

• This Week in New York History: the Macy’s Thanksgiving Day Parade, the Albany Gazette and the invention of air conditioning

---

⚖️ CDPAP applicant sues New York after ‘lower’ bid rejected

A new lawsuit filed against the state Department of Health Monday claimed that the agency “rigged the bidding process” for a contract to handle the fiscal side of the popular CDPAP Medicaid program.

The lawsuit was filed by Freedom Care LLC, whose bid was rejected by the state in favor of Public Partnerships, LLP, a Georgia-based company.

“DOH structured the process with an apparent eye toward PPL, imposing eligibility requirements that eliminated almost all of PPL’s potential competitors — though, importantly, Freedom Care was able to jump through every hoop DOH erected,” the lawsuit said.

Freedom Care is represented by attorneys with the high-powered Gibson Dunn law firm, signaling that it’s a serious effort against the state. They want a judge to block the state’s contract with Public Partnerships.

The company claims in the lawsuit the state intended to choose Public Partnerships to take over CDPAP months before they were announced as the winner.

Public Partnerships had already been mentioned behind closed doors as an option when the law that prompted the bidding process was passed in April, they noted, pointing to some of our reporting in CapCon.

When the state put out its request for proposals, the requirements were skewed to favor Public Partnerships, the lawsuit claims.

Criteria for in-state applicants was stricter than what was required of out-of-state applicants, according to the lawsuit, and the state declined to answer questions on how the proposals would be scored.

The lawsuit also claims the state unlawfully coordinated with Public Partnerships before they were announced as the winner of the contract. That’s because, when it was announced in a press release, the state and company had already selected companies to subcontract with.

“That alone should be enough to annul the award,” attorneys wrote in the lawsuit.

The lawsuit also points to some past blunders by Public Partnerships in other states and claims that Freedom Care’s bid was less expensive. That should have given them an advantage, the lawsuit said.

“Instead, DOH chose an out-of-state operator with an abysmal track record in other states — including Pennsylvania, where PPL was tasked with taking over for just 36 existing fiscal intermediaries serving just 20,000 patients — whose bid was materially more expensive,” the lawsuit said.

Freedom Care manages the care of 65,000 New Yorkers, according to its website.

Sam Spokony, a spokesman for Hochul, defended the state’s selection process in a statement, saying the proposal submitted by Public Partnerships was selected because it scored highest among the state’s criteria.

“This lawsuit is full of false statements – but the facts here are simple. The qualifying language was approved by the state Legislature and the RFP was put out for public bid,” Spokony said.

”The Department of Health followed the standard procurement process, reviewed over 100 responses, and scored each proposal based on the qualifying language, as per state law. At the end of that process, PPL scored the highest and was selected. The transition to New York’s CDPAP statewide partnership is already well underway and will take effect by April 2025,” he continued.

The state Department of Health did not comment on the lawsuit Monday.

"This legal action lays out the facts that Gov. Hochul made a backroom deal before this process even started,” said Bryan O’Malley from the Alliance to Protect Home Care.

“There is no other way to explain how a company with a track record as bad as PPL's would be allowed to manage the home care of our elderly and disabled. The legislature and governor still have time to fix this before New York becomes another PPL disaster,” he said.

Capitol Count features bills that move through the Legislature, including those introduced, passed and considered by the governor. Senate sponsors are capitalized.

✒️ Hochul signs 85 bills, including ‘Melanie’s Law,’ and vetoes 57 others

(Will Waldron/Times Union)

Gov. Kathy Hochul was in Poughkeepsie Monday to sign “Melanie’s Law,” a new statute that will allow judges to offer more protection to relatives of domestic violence victims.

It’s named after Melanie Chianese, a woman from the town of Wappinger who was killed by her mother’s ex-boyfriend.