CDPAP consumers move closer to class action settlement
A federal judge signed off Friday on a key agreement in a class action lawsuit over New York’s troubled home care program transition, clearing the way for thousands of older and disabled residents to regain access to critical services.
Judge Frederic Block of the U.S. District Court for the Eastern District of New York approved an amended preliminary injunction in the case Engesser et al v. McDonald. The lawsuit, filed in March by the New York Legal Assistance Group (NYLAG) and Patterson Belknap Webb & Tyler LLP, accuses the state’s Department of Health of violating consumers’ rights during a chaotic overhaul of the Consumer Directed Personal Assistance Program (CDPAP).
The case stems from the state’s abrupt shift from 600 fiscal intermediaries to a single administrator, Public Partnerships LLC (PPL), which disrupted care for many CDPAP participants. Plaintiffs argued that the transition denied consumers proper notice and a chance for a fair hearing before their in-home care services were reduced or suspended.
“We hope that this settlement will benefit CDPAP consumers who still need help accessing long-term care services,” said Elizabeth Jois, supervising attorney in NYLAG’s Special Litigation Unit. “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.”
Under the amended injunction, the Department of Health will order Managed Long Term Care Organizations, Mainstream Managed Care plans, and local districts of social services to notify all CDPAP consumers registered with PPL. The notices will offer help for anyone facing difficulties using their services.
Consumers will now have access to trained facilitators with the same system permissions as PPL call center staff. These facilitators can expedite support and assist with onboarding, daily service issues, and training for both consumers and personal assistants.
The state will also send letters to consumers who have not registered with PPL, whose assistants are not registered, or who have not used their CDPAP services in June. These letters will outline an August 1 deadline to register and provide guidance on how to do so.
To reach those who remain disconnected from services, Managed Long-Term Care plans must go further—sending follow-up letters, making home visits, and contacting authorized representatives.
Consumers who register or resume services by the August 1 deadline will receive a notice about their right to a fair hearing. In addition, the Department of Health will release updated guidance to help care plans and agencies apply CDPAP rules more consistently.
The state’s CDPAP Transition Hotline will remain fully operational through December 31, with scaled-down operations continuing afterward. CDPAP participants can call 833-947-8666 or email [email protected] for help. NYLAG can also be reached at [email protected] or 212-946-0359.
The parties are expected to file the full settlement agreement next week. If the judge grants preliminary approval, all class members will receive a formal notice and have the opportunity to object at a fairness hearing, which plaintiffs hope will be scheduled in early August.
Updates will be posted at nylag.org/engesser.
Get the latest headlines delivered to your inbox each morning. Sign up for our Morning Edition to start your day. FL1 on the Go! Download the free FingerLakes1.com App for iOS (iPhone, iPad).
FingerLakes1.com is the region’s leading all-digital news publication. The company was founded in 1998 and has been keeping residents informed for more than two decades. Have a lead? Send it to [email protected].
