A federal judge has given the green light to a major settlement that could restore critical home care services to thousands of New Yorkers.
On Tuesday, U.S. District Judge Frederic Block granted provisional approval for a class action settlement between the New York State Department of Health and CDPAP participants who lost services during a rocky program transition earlier this year.
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. It challenged the state’s chaotic shift from over 600 fiscal intermediaries to a single administrator, Public Partnerships LLC (PPL), which left many older and Disabled New Yorkers without the home care they depend on.
Under the agreement, the Department of Health must now provide proper written notice and a chance for fair hearings to anyone who didn’t complete their transition to PPL by the Aug. 1 deadline. Those consumers will also receive help from trained facilitators who can troubleshoot issues, assist with onboarding, and escalate cases as needed.
“The filing of this litigation and ensuing settlement represents an outstanding outcome for several hundred thousand CDPAP consumers,” said Lisa E. Cleary of Patterson Belknap.
The court praised both sides for working together to avoid prolonged litigation. In his ruling, Judge Block wrote that the lawyers “impressed the Court and undoubtedly inspired our legal community.”
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