Public Employees Federation AFL-CIO

Division 191
PO Box 2322 Church Street Station
New York, NY 10008
Usher Z. Piller

Glendon Griffith

Council Leader

Assistant Leader

Leah Cooper
Steward

Catherine Pormann
Treasurer

Brian Kiss

Cantave Paul

Steward

Steward

Victor Batorsky

(347) 631-1924

Secretary

Wendy Kidd-Vicars
Steward

Harvey Brody

Retirement Consultant

Andrew Del Re

Director of Research

Serena Fallon

Robin Matthews

Chief Steward

Executive Board

Alexander Shaporov
Steward
Thomas Hotz
Director of Public Affairs

Gem Warner

Jimmy Warney

Steward

Steward

Theresa J. Williams, Esq.

Legal Consultant

Brody in Stunning Arbitration Victory

Will Receive Over $100,000 in Back Pay from OMIG,
Nearly $400,000 over Four Years for Staying at Home
Local PEF Leaders Demand Medicaid Inspector General Dennis Rosens Resignation
Whistleblower Harvey Brody --- who has been exiled to his home by the state Office of Medicaid
Inspector General (OMIG) for nearly four years --- has won a stunning arbitration victory and is slated to
receive over $100 thousand in back pay, leave accruals and other reimbursements.
Brody, a Medicaid Investigator, PEF steward and Division 191 Director of Research, filed a False
Claims (Qui Tam) complaint that implicated OMIG Management in fraud and misappropriation of multimillion-dollar federal contracts.
Moreover, in the course of his employment Brody came across a wealth of incriminating information
pointing to collusion between the health care providers OMIG is required to regulate and the OMIG
hierarchy. After sounding an alarm about this Brody was physically attacked by a manager in his office.
For a time afterward he was marginalized and relegated to opening envelopes; this ceased after the
union filed a successful out-of-title grievance on his behalf.
Nearly four years ago --- on October 19, 2012 --- Brody was suddenly ordered removed from the
workplace, placed on leave with pay and ordered to have absolutely no contact with OMIG employees.
No explanation at all was given for this extraordinary suspension with pay.
After 2 years, in March 2015, upon the advice of his good friend Abraham Genen, Brody contacted
the acclaimed civil rights attorney Michael Sussman of Goshen in Orange County. Sussman then
called an acquaintance in the state Attorney Generals office, attorney Stephen Kerwin, to ask what was
going on.

Shortly thereafter, OMIG summoned Brody to an official interrogation and questioned him about
Medicaid data he had sent to Albany County Comptroller Michael Conners and also to his own home
computer. Brody explained that he was involved in self-starter investigations and that Management
was fully aware that this was all part of his official work assignment. On June 12, 2015, OMIG moved to
suspend Brody without pay and to seek his termination, claiming that he committed a crime by
allegedly violating the HIPAA Law.
The case was assigned to Arbitrator Ira B. Lobel who held three days of hearings on the matter. Brody
was represented by Sussman and OMIG was represented by Dionne A. Wheatley.
In a decision dated August 11, 2016, Lobel found the disciplinary notice to be untimely, dismissed all
charges against Brody and ordered him reinstated with full back pay with the disciplinary notice
dismissed in its entirety.
In scathing language, Lobel stated, When OMIG finally filed a Notice of Discipline in June 2015, it was
not because new information was uncovered or the investigation was completed. An interrogation was
conducted in April, 2015; it is unclear what prompted the interrogation at that time. It is even more
unclear why it took two and a half years to initiate such interrogation. It appears OMIG decided it had to
do something and putting Brody back to work was not a reasonable course of actionit appears OMIG
simply placed Brody on leave and forgot about him. When it filed the NOD [Notice of Discipline], it was
over two and a half years after the initial suspension. This is simply too long a period to keep any
employee in an uncertain situation, with no knowledge of the charges against him. Even though Brody
was on a paid suspension, he had legitimate concerns regarding his status that an employer should be
obligated to address.
We estimate in total Brody will have received approximately $400 thousand in pay and benefits for the
period since October 19, 2012 --- simply for staying at his home in Amherst, New York.
Harvey Brody said: I am delighted the horror is finally over and I have been vindicated.
Albany County Comptroller Michael Conners congratulated Harvey Brody and praised him as a public
servant possessing exceptional competence and unimpeachable integrity.
Victor Batorsky of Rensselaer, Brodys former union council leader who attended the arbitration
hearings, stated: This decision clearly shows that OMIG Management engaged in a most abusive
process and the unions need stronger protections against such reprehensible behavior. [Medicaid
Inspector General] Rosen places OMIG at risk for huge liabilities in the future.
Usher Piller, council leader for PEF Division 191, said: The fact that Rosen not only condoned this
behavior but actually directed the unconscionable persecution of an upstanding civil servant who simply
blew the whistle on OMIG malfeasance renders him unworthy of continuing as the titular head of the
OMIG agency. He has proven to be anathema of the progressive agenda espoused by the Cuomo
administration.
Both Batorsky and Piller are demanding Rosens resignation.

Page 2

Harvey Brody

Page 3