CDPAP participants inch closer to resolution in class action lawsuit

A crucial step was taken on Friday as a federal judge approved a pivotal agreement in a class action lawsuit concerning New York’s troubled home care program transition, allowing numerous older and disabled individuals to once again access essential services.

Judge Frederic Block from the U.S. District Court for the Eastern District of New York gave his stamp of approval on an amended preliminary injunction in the case Engesser et al v. McDonald. This lawsuit, initiated in March by the New York Legal Assistance Group (NYLAG) and Patterson Belknap Webb & Tyler LLP, alleges that the state’s Department of Health infringed upon consumers’ rights during a tumultuous overhaul of the Consumer Directed Personal Assistance Program (CDPAP). The core of the issue revolves around the state’s sudden shift from 600 fiscal intermediaries to a single administrator, Public Partnerships LLC (PPL), which resulted in disrupted care for numerous CDPAP participants. Plaintiffs argued that the transition left consumers without proper notice or the opportunity for a fair hearing before their in-home care services were diminished or halted.

“We trust that this resolution will prove beneficial to CDPAP consumers still in need of assistance with long-term care services,” expressed Elizabeth Jois, supervising attorney in NYLAG’s Special Litigation Unit. “This settlement aims to provide immediate outreach to CDPAP consumers who have encountered challenges utilizing their services during this transition and aims to connect all consumers with necessary resources for support.”

As part of the amended injunction, the Department of Health will instruct Managed Long Term Care Organizations, Mainstream Managed Care plans, and local districts of social services to notify all CDPAP consumers enlisted with PPL. These notifications will extend aid to individuals experiencing difficulties while using their services.

Consumers will now have the opportunity to engage with trained facilitators equipped with the same system permissions as PPL call center personnel. These facilitators can offer prompt assistance and guidance on onboarding, addressing daily service concerns, and providing training for both consumers and personal assistants.

Additionally, the state will dispatch letters to consumers who have not registered with PPL, whose assistants are not registered, or who have not utilized their CDPAP services in June. These letters will outline an August 1 deadline for registration and provide step-by-step instructions for the same.

In order to connect with those still disconnected from services, Managed Long-Term Care plans are required to take further action, including sending follow-up letters, conducting home visits, and reaching out to authorized representatives.

Consumers who register or resume services by the August 1 deadline will be informed of their right to a fair hearing. Furthermore, the Department of Health will issue updated guidance to assist care plans and agencies in consistently applying CDPAP regulations.

The state’s CDPAP Transition Hotline will remain fully operational until December 31, with operations continuing in a scaled-down manner thereafter. For assistance, CDPAP participants can reach out at 833-947-8666 or via email. NYLAG also remains available for contact at the provided contact information.

The parties involved are set to file the complete settlement agreement in the upcoming week. Following preliminary approval from the judge, all class members will receive formal notice and have the opportunity to raise objections during a fairness hearing, tentatively scheduled for early August. Stay tuned for further updates at nylag.org/engesser.