Judge strikes down the State’s cuts to CDPAP, declares it unconstitutional!

On October 10, Judge Christina Ryba found in favor of NYAIL and our co-plaintiffs in our lawsuit against the Department of Health over their new policy that made devastating cuts to the Consumer Directed Personal Assistance (CDPA) program! 

NYAIL, CDPAANYS, HCP, and 11 Fiscal Intermediaries (FIs) brought a lawsuit against the Department of Health (DOH) to stop their July 1 policy from going into effect. This policy switched the administrative payment model to a Per Member Per Month (PMPM) model. Worse, it set the rates so low it would have put most all FIs out of business.

Over 70,000 people with disabilities and seniors rely on CDPA to live at home and stay out of institutions. CDPA puts the individual in control of their services. They hire and train their own aides. FIs provide crucial administrative supports to the individuals. CDPAP cannot work without the services provided by FIs. DOH’s July 1 policy put the whole program in jeopardy by setting the rates too low to support the program.

On October 10, Judge Christina Ryba found in our favor. She found that DOH failed to follow the State Administrative Procedures Act, and as a result, declared their July 1 policy null and void.

This is a big win! But the fight isn’t over. We do not yet know what DOH will do next. However, it gives us an opportunity to advocate with DOH to restructure the rates in a way that will achieve savings to the State, while preserving the program.


Judge: Cuts to New York home care program unconstitutional - Times Union

Groups that help disabled & elderly win lawsuit against NYS | WBFO

Crisis Averted: Court Strikes Down Rate Changes Set to Compound Caregiver Shortage  - Home Health Care News