A federal judge has preliminarily approved a class action settlement aimed at protecting vulnerable New Yorkers from losing home care services during a chaotic overhaul of the state’s Consumer Directed Personal Assistance Program (CDPAP).
The lawsuit, Engesser et al. v. McDonald, was filed in March by the New York Legal Assistance Group (NYLAG) and the law firm Patterson Belknap Webb & Tyler LLP. It alleged that the New York State Department of Health (DOH) failed to properly notify CDPAP participants about changes to the program and their right to a fair hearing before services were interrupted or terminated.
At the center of the case is the state’s abrupt transition from over 600 fiscal intermediaries to a single administrator, Public Partnerships LLC (PPL). The change left many older and disabled CDPAP users at risk of losing critical in-home care.
“We are glad to have achieved such important protections for CDPAP consumers,” said Lisa E. Cleary, a partner at Patterson Belknap. “The relief proposed in the settlement goes even further and will require DOH to send additional written communications and conduct robust outreach.”
Elizabeth Jois of NYLAG said the agreement ensures that “everyone deserves the opportunity to live with dignity and thrive in their own homes and communities.”
As part of the agreement, DOH will send letters to all registered participants explaining how to get help if they are having issues with their services. Those not yet registered with PPL or who haven’t used services recently will also receive notifications, including reminders about the firm August 1 registration deadline.
Other key provisions include:
- Facilitators will be granted full system access to assist CDPAP users and resolve day-to-day problems.
- DOH will require managed care plans and local agencies to conduct additional outreach, including home visits.
- Participants will receive formal notices of their right to a fair hearing.
- The DOH transition hotline will remain fully staffed through December 31.
The judge has scheduled a fairness hearing for August 6 at 11 a.m. via Zoom, where class members can submit written or video objections before the court decides whether to finalize the settlement.
For help, CDPAP users can contact the DOH hotline at 833-947-8666 or email StatewideFI@health.ny.gov. Legal assistance is also available from NYLAG at cdpaplawsuit@nylag.org or 212-946-0359. Updates will be posted at nylag.org/engesser.
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 news@fingerlakes1.com.