A federal judge has approved an agreement to extend critical deadlines in New York’s overhaul of its in-home care program, following legal action from consumer advocates representing thousands of disabled and elderly residents. The move aims to prevent gaps in services after widespread complaints of a chaotic rollout.
The agreement, finalized April 10, gives participants in the Consumer-Directed Personal Assistance Program (CDPAP) until May 15 to register with the state’s new fiscal intermediary, Public Partnerships LLC (PPL). Personal assistants now have until June 6 to enroll. The shift followed a class-action lawsuit filed by the New York Legal Assistance Group (NYLAG) and law firm Patterson Belknap, who represent CDPAP consumers facing loss of care.
The lawsuit was filed in late March after New York announced it would move from more than 600 fiscal intermediaries to a single provider. Plaintiffs claimed the transition was rushed and disorganized, putting vulnerable New Yorkers at risk. A Temporary Restraining Order granted on March 31 initially paused the April 1 deadline.
Judge Frederic Block of the U.S. District Court for the Eastern District of New York signed the Preliminary Injunction last week, allowing many consumers to continue using their previous intermediaries during the extended enrollment period.
“Too much of this transition process has ignored or disregarded the voices, serious concerns and daily realities of the hundreds of thousands of New Yorkers,” said Elizabeth Jois, supervising attorney at NYLAG.
“This Preliminary Injunction secures critical relief to ensure that no CDPAP consumer is left without care,” added Lisa E. Cleary, partner at Patterson Belknap.
Advocates warn, however, that thousands of eligible participants may still be unaware of the new deadlines. “We are deeply concerned that Disabled people whose rights have been protected by the court may be unaware of this important change,” said Brooke Erickson of the Regional Center for Independent Living.
Others emphasized the toll already taken. “Even though we have more time… the damage this rushed and chaotic transition has caused can never be repaired,” said plaintiff Marisol Getchius.
A hotline has been launched to help with the transition: 833-947-8666 (Monday to Friday, 9 a.m. to 5 p.m.). Participants may also email [email protected] for assistance. NYLAG encourages anyone still experiencing issues to reach out to [email protected] or call 212-946-0359.
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