Fiscal intermediaries sue Health Department over Consumer Directed Personal Assistance Program
A group of independent living centers (ILCs) filed a lawsuit against the New York Health Department (DOH) and its commissioner, Dr. James McDonald, on Monday. They allege that DOH abused its power to illegally change how the Consumer Directed Personal Assistance Program (CDPAP) works.
The lawsuit claims that the defendants—McDonald and DOH—didn’t follow the rules when they created and implemented a new way to process CDPAP reimbursements. The plaintiffs—including the Consumer Directed Personal Assistance Association of New York State (CDPAANYS)—accused them of failing their legal duties and violating CDPAP regulations. The lawsuit is available to read at the bottom of this story.
The lawsuit represents the latest strategy in the battle between these plaintiffs and New York, where Gov. Kathy Hochul is working with legislators like Assembly Speaker Carl Heastie to address the CDPAP program, which Hochul notoriously called a “racket.” All of the plaintiffs in the DOH lawsuit—many concentrated downstate—act as fiscal intermediaries (FIs) in CDPAP.
CDPAP aims to give eligible consumers—the elderly, ill, or disabled—control over the health services they receive at home. It’s supposed to give them freedom to customize their care. ILCs—like nursing homes and assisted living facilities—are community organizations that help such consumers learn to live on their own. They hold support groups, teach skills, and help with housing.