Last week, a Livingston County judge issued a temporary restraining order against the New York State Department of Health. (DOH). This will affect at least part of the Consumer Directed Personal Assistance Program (CDPAP) transition. This is a rather striking scenario, so we will take a close look at it and walk you through the implications it will have.
Details about the order issued
The order issued in the case of Glidedowan, LLC d/b/a All – American Homecare V. New York State Department of Health, prevents DOH from requiring the petitioner to transmit to “any third party” information about consumers and their personal care workers regarding a transition. This also covers notifications to those consumers and their personal care workers.
This measure is the latest development against the authorities’ controversial decision to move the CDPAP program from being run by hundreds of organizations to being run by a single fiscal intermediary. Also, CDPAP allows people with disabilities to hire their own personal caregivers, who are paid through an FI, with Medicaid money.
New York Government clarifications
The state interprets the order narrowly, as applying only to consumers and personal care attendants, who currently use All- American Homecare as their FI. Sam Spokony, spokesman for the governor, spoke on this issue and clarified a few questions.
“This is a strictly limited order that only applies to one fiscal intermediary and has no significant impact on the state’s broader CDPAP transition, which is still underway and on track to be supplemented on April 1,” the spokesman asserted. In that sense, he argued that the order is based on invalid claims and the state expects to prove its invalidity in front of the court.
He also added that all personal data is and always will be protected during this transition. As such, they will continue to work with all stakeholders to provide a better and more robust CDPAP for users of these services.
Despite the state’s limited interpretation of the ruling, CDPAP advocacy groups are hopeful that this court order may lead to greater change. Recall that this group of people have been skeptical of the transition to a single FI.
A reckless plan
Ilana Berger, manager of the NY Caring Majority Coalition , issued a statement in which they spoke about the ruling. “We hope today’s ruling can stop this reckless plan and bring Governor Hochul and state legislators back to the table to truly build a home care system that works for all of us. New York’s home care consumers and workers deserve better,” the letter reads.
According to the letter, the New York Department of Health is forcing this transition, which puts the home care of hundreds of citizens at risk. It is also forcing companies that provide services to share customers’ protected health information in a rushed and almost illegal manner. “DOH and Governor Hochul should work with us to improve home care before the state becomes another PPL disaster,” said Bryan O’Malley, executive director of the Alliance to Protect Home Care, in a recent statement.
All – American homecare’s silence
For its part, All – American Homecare did not provide a statement. Various media outlets contacted them and their attorney, Sean Hanna, for comment. However, the office of Judge Kevin Van Allen, who issued the order, said they cannot make any statements or say anything about the ongoing civil litigation.
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