NYC and EmblemHealth Settle Senior Care Co-Pay Class Action for $53 Million

July 31, 2026

New York, NY, August 3, 2026 – In a major development, the City of New York and EmblemHealth agreed to pay $53 million to settle a class action lawsuit on behalf of more than 250,000 elderly and disabled retired City workers enrolled in EmblemHealth’s GHI Senior Care Plan. The suit was brought by the NYC Organization of Public Service Retirees and a handful of retirees. The signed settlement papers were sent to New York County Supreme Court Justice Lyle E. Frank for the Court’s approval. 

The settlement refunds co-pays that retirees were unlawfully charged for medical visits between January 1, 2022 through January 31, 2023. The $53 million represents 100 percent of the co-pays retirees had been charged. In addition to the monetary settlement, the City and EmblemHealth also agreed not to increase the existing $15 Senior Care co-pays through at least December 31, 2027. 

The $53 million settlement amount is one of the largest class action settlements in New York City history. In addition, the lawsuit saved retirees an estimated $110 million through a temporary injunction, which halted the co-pays for two years.

“This is a wonderful victory for retirees,” said Marianne Pizzitola, president of the NYC Organization of Public Service Retirees, one of the named plaintiffs. “The older people get, the more likely they are to need medical care, and co-pays are one of the worst, most regressive burdens making healthcare unaffordable. We hope Mayor Mamdani and City Council Speaker Menin recognize this and roll back co-pays.”

“Retired City workers have proven once again that they will fight relentlessly, and successfully, to protect their healthcare rights, which have been under constant attack for the past five years,” said Jacob Gardener of Walden Haran Williams LLP, one of the lead attorneys for the retirees. 

“It is another step forward in ensuring affordable healthcare for our seniors,” said Steve Cohen of Pollock Cohen LLP, the other lead attorney for the retirees. “Now we have to get the City Council and the Mayor to eliminate co-pays for seniors entirely. They were promised and deserve free healthcare in retirement.”

The settlement papers can be found here.

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