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Group Files Medicaid Ethics Complaint Against Cuomo Panel


New York Gov. Andrew Cuomo presents his 2011-2012 proposed Executive Budget in Albany, N.Y., on Tuesday, Feb. 1, 2011. (AP Photo/Mike Groll)"

A national advocacy group filed an ethics complaint Tuesday that accuses Cuomo appointees to an advisory team of violating state ethics rules in recommending caps on medical malpractice awards the group says would benefit their private employers.

The complaint was filed against Gov. Andrew Cuomo’s Medicaid Redesign Team, which includes several hospital executives. It claims a recommendation to cap malpractice payments at $250,000 for non-economic damages to patients “would create a financial windfall for negligent hospitals and incompetent health care providers.”


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The Center for Justice & Democracy, based in New York City, filed the complaint with the state Public Integrity Commission. The advocacy group said the recommendation also would significantly limit the liability of hospitals throughout the state.

The group got its start with seed money from independent filmmaker Michael Moore. Its advisers include activist Erin Brockovich, whose 1996 water pollution case against a California utility was made into a movie.

The governor had no immediate comment Tuesday.

The unpaid advisory team was charged with revamping the Medicaid system that funds hospitals and other care providers to save billions of dollars and improve care. The members were chosen specifically because of their varied perspectives. The task force recommendations overall would save the state more than $4 billion, including $1 billion less that hospitals would receive in Medicaid funding.

Cuomo has accepted the group’s recommendations and sent them to the Legislature.

The center argued that advisory team members are subject to state ethics rules and conflict-of-interest laws, and specifically took issue with hospital consultant and Cuomo friend Jeffrey Sachs holding a seat on the redesign team.

A Sachs spokesman, however, said Sachs voluntarily froze all contact with the state on behalf of clients while advising the Cuomo administration.

Walter Ayres, a spokesman for the Public Integrity Commission, said the commission was reviewing the complaint. He had no further comment.

By MICHAEL GORMLEY,Associated Press

Copyright 2011 The Associated Press.

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