A class action lawsuit seeking to protect caregivers and consumers during New York’s rocky transition to a single fiscal intermediary for its self-directed home care program has moved one step closer to resolution.
On Friday, a federal judge signed an amended preliminary injunction after the plaintiffs of the class action lawsuit and the New York Department of Health reached a key agreement following weeks of negotiation. The New York Legal Assistance Group (NYLAG), one of the legal teams representing consumers in the Consumer Directed Personal Assistance Program (CDPAP), stated that the agreement will benefit consumers and ensure access to care.
“We hope that this settlement will benefit CDPAP consumers who still need help accessing long-term care services,” Elizabeth Jois, supervising attorney in NYLAG’s special litigation unit, said in a statement. “This settlement will provide immediate outreach to CDPAP consumers who have struggled to use their services during this transition and connect all consumers to resources for help. We encourage every CDPAP consumer to reach out for help using their services.”
The amended agreement comes after a slew of troubles and legal challenges complicated the New York Department of Health’s transition to a single fiscal intermediary. The Department of Health selected Public Partnerships LLC (PPL) as its single fiscal intermediary and initially set a deadline of April 1 for caregivers to complete registration with PPL. That deadline was repeatedly pushed back as home care workers reported lost and delayed wages, among other complaints.
The new agreement, jointly proposed by the plaintiffs and the Department of Health, will remain in place until August 15 or until the court approves a global settlement of the case. Both sides are expected to submit settlement papers to the court next week.
Specifically, the settlement agreement sets an Aug. 1 deadline for registering for CDPAP services, requires the Department of Health and managed care plans to send all CDPAP consumers a letter with instructions on how to get help if they struggle to access CDPAP services and provide additional resources for consumers and their personal assistants to complete enrollment, onboarding and training.
CDPAP consumers who register with PPL, switch to another long-term service or use their CDPAP services through PPL by Aug. 1 will also be notified of their right to a fair hearing. The Department of Health will also be instructed to make additional efforts to reach CDPAP consumers who have not used CDPAP services recently, including at least one home visit, and to issue guidance to help parties affiliated with CDPAP better understand the program’s rules.
After both sides of the case submit settlement papers, they are expected to request that the judge approve the settlement. At this point, the judge will order that all individuals in the class action lawsuit be notified of the settlement. Class action members will be able to object to the settlement in a fairness hearing planned for early August.
