This week, it's expected that a proposed settlement will be filed in an embattled federal lawsuit over the state’s controversial changes to home care. In a unique move, disabled consumers will see some relief while the court considers the proposed settlement.
Disabled consumers and organizations representing them filed a class action lawsuit in March against the New York State Department of Health. They allege their right to a notice and fair hearing before losing Medicaid-funded home care services was violated during the state’s hurried transition. The state had attempted to quickly move from over 600 companies running its Consumer Directed Personal Assistance Program, or CDPAP, to only one earlier this year. However, many consumers struggled to get services switched over in time.
New York Legal Assistance Group's Elizabeth Jois, who represents the plaintiffs, says they were able to negotiate with the state a new preliminary injunction that went into effect last week.
“It is a little confusing, because some of these things are actually happening in July before the court will have ruled on the settlement," Jois said. "But that's because there were things that just both parties agreed were, you know, in the best interest of anyone, everyone.”
The injunction includes relief that would also be included and continued in the proposed settlement, if finalized.
“It's really a focus now on trying to find the individuals who used to receive CDPAP services and haven't yet made this transition, or somewhere along the way, when they made the transition, they stopped getting these services,” Jois said about the most recent preliminary injunction. “This new PI is really focused on the communications to that group of people.”
Letters will be sent out to let those consumers know how to make the transition and get help if they need it. If they aren’t heard from, then a home visit will be made by the health plans that manage their Medicaid benefits.
“So somebody knocking on their door to say, ‘we're so worried about you, you know what's going on, and how can we help?’” Jois said.
Facilitators will also now be able to access the same computer system the current fiscal intermediary uses, and flag cases for escalation.
These moves are also included in the proposed settlement, along with other details to wrap up this case and provide relief to people who were potentially left out during the transition.
Jois says consumers will have the opportunity to voice their thoughts on the proposed settlement in a hearing before the judge can move forward.
