On Tuesday, a Livingston County judge issued a temporary restraining order against the New York State Department of Health (DOH) that will impact at least part of the Consumer Directed Personal Assistance Program (CDPAP) transition.
The order, issued in the case of Glidedowan, LLC d/b/a All-American Homecare v. New York State Department of Health, prevents the DOH from requiring the petitioner to convey to "any third party" information about consumers and their personal care workers, or notifying those consumers and their personal care workers about a transition.
This move is the latest development in the state's controversial decision to transition the CDPAP program from being run by over hundreds of organizations to one single fiscal intermediary (FI). The state named PPL as the new single FI. CDPAP allows people with disabilities to hire their own personal care workers who are paid through an FI using Medicaid dollars.
The state is interpreting the order narrowly, as applying to only consumers and personal care aides who currently use All-American Homecare as their FI.
"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 remains well underway and on track for completion by April 1," said Sam Spokony, a spokesperson for the Governor in an emailed statement on Wednesday. "This limited order is based on invalid claims and the State looks forward to demonstrating that to the court. All personal data is and will always be protected throughout this transition, and we will continue working with all stakeholders to deliver a better, stronger CDPAP for home care users and all New Yorkers," said Sam Spokony, a spokesperson for the Governor in an emailed statement on Wednesday."
Despite the state's narrow interpretation of the ruling, CDPAP advocacy groups that have been skeptical of the move to a single FI are hopeful this court injunction may lead to greater change.
"We hope that today’s ruling can put the brakes on this reckless plan and bring Governor Hochul and state lawmakers back to the table to truly build a home care system that works for us all. New York home care consumers and workers deserve better," said NY Caring Majority Coalition Manager Ilana Berger in a statement.
"The Department of Health is so focused on forcing this rushed transition, they are not only putting hundreds of thousands of elderly and disabled New Yorkers' home care at risk, they are forcing the companies providing their services to share consumers' protected health information in a rushed and potentially illegal manner. The Department of Health 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 statement.
WBFO has reached out to All-American Homecare and their attorney, Sean Hanna for comment. The office of Judge Kevin Van Allen, who issued the order, said they cannot comment or clarify on ongoing civil litigation.
