Borrello, R-Sunset Bay, questioned James McDonald, state health commissioner, on the issue this week during a state budget hearing. Borrello challenged the change to isolation and quarantine rules in state Supreme Court, which ruled in Borrello’s favor, before the lower court ruling was later overturned by the Fourth Department Appellate Division on the grounds that Borrello and his fellow state legislators didn’t have standing to sue.

“With that being said, that paves the way for you to be able to reinstitute Rule 2.13 or something similar to it,” Borrello said. “Do you have any plans to do so?”

McDonald replied that he couldn’t talk much about the issue because there is still an active lawsuit because Borrello chose to appeal the November appellate division ruling. Borrello noted the state already had a law on the books that dealt with isolation and quarantine rules and pressed the issue with McDonald if he planned to reinstitute Rule 2.13.

“I don’t have any plans at the moment to reinstitute that,” McDonald said.

State Sen. George Borrello, R-Sunset Bay, is pictured speaking with James McDonald, state health commissioner, during a legislative budget hearing earlier this week.

“Good,” Borrello said. “I would suggest that you and the governor do not do that. It is perhaps the worst Department of Health ruling ever in the history of our nation and I would strongly suggest that you protect our constitutional freedoms by not doing that. Thank you very much.”

Borrello had written to Gov. Kathy Hochul in November and asked her not to pursue reissuing the rule given that state Supreme Court Justice Ronald Ploetz in Cattaraugus County ruled that Rule 2.13 conflicts with state Public Health Law Section 2120. The appeals court ruled on a technicality and did not have to rule on the merits of Borrello’s lawsuit – leaving the constitutionality of Rule 2.13 in doubt. The state Court of Appeals, the highest court in the state, hasn’t announced publicly if it will hear Borrello’s appeal – all of which prompted Borrello’s questioning during this week’s budget hearing.

“As the legal process surrounding this case moves forward, I urge you to allow this regulation to remain inactive. While the Appellate Division dismissed this case on a technicality and not on its merits, Supreme Court Judge Ronald Ploetz’ opinion thoroughly reviewed the constitutional problems with the rule, which is why it should not be reissued,” Borrello wrote in his letter to Hochul.

NON EMERGENCY MEDICAL TRANSPORTATION

Borrello also questioned Amir Bassiri, state Health Department Medicaid director, on another of the senator’s longtime issues with the state Health Department. Borrello began his efforts to reform non-emergency medical transportation as part of 2020-21 discussions. At the time, Borrello said costs for Medicaid-backed transportation services were $209,000 in 2013 for Chautauqua County and increased by 2019 to $2.9 million. The program was also criticized in an audit by state Comptroller Thomas DiNapoli after the comptroller’s office found more than $6 million in overpayments.

“Non emergency medical transportation has been a costly boondoggle that has benefitted these brokers to the tune of millions of dollars,” Borrello said. “More than two years ago the Medicaid Redesign Team said we need to throw it out. The comptroller said it’s wasting millions of dollars and yet we haven’t seen any reform. Can you speak quickly to what you’re doing to ensure that we’re not paying taxi drivers more than we’re paying doctors and nursing homes to care for our elderly?” Borrello asked.

Bassiri said changes have been made to the program with more changes coming this year.

“We have implemented a statewide transportation broker earlier this fiscal year,” Bassiri said. “It is being expanded for the managed long term care program in a couple of months, but that issue with the comptroller’s office was resolved and we did move forward with a statewide contract.”