New York State Association of Health Care Providers Applauds Court Decision on CDPAP Petition

October 11, 2019 - Today, HCP prevailed in its lawsuit challenging the NYS Department of Health’s (DOH) rate setting for the Consumer Directed Personal Assistance Program (CDPAP).  The Court in CDPAANYS, New York State Association of Health Care Providers (HCP), NYAIL et. al. v. Zucker declared the rate null and void.  The Court directed the Department to revert back to the previous reimbursement rate that complies with the appropriate regulations, until such time as a new rate is introduced consistent with the State Administrative Procedure Act.

Kathy Febraio, President of the NYS Association of Health Care Providers, a petitioner in this case said, “I am pleased that the Court struck down this unfair rate structure.”  

“The arbitrary rates implemented by DOH on September 1, created a great deal of uncertainty in CDPAP” she went on. 

“HCP urged DOH to hold sensible conversations with stakeholders in order to ensure a safe and orderly transition in the program.  Failure to do so, was most assuredly going to create an unnecessary and easily avoidable crisis for the Department, Fiscal Intermediaries (FIs) the consumers with whom they work and their personal assistants.”

“Now, we hope to engage with DOH in order to fairly address the needs of the CDPAP consumers, their personal assistants, the FIs we represent and the State.”

The Consumer Directed Personal Assistant Program (CDPAP) allows over 75,000 elderly and disabled New Yorkers to receive the care they depend on in the comfort of their home rather than more expensive institutional settings. The program also gives these individuals a significant degree of control over their care. 

Unlike traditional home care models, CDPAP aides are employed by the consumer.  FIs help consumers facilitate their role as employer by providing a range of services including: monitoring the consumer’s ability to fulfill responsibilities under the program, wage and benefit processing for consumer directed personal assistants; maintaining personnel records; ensuring health status of assistants prior to service delivery; and maintaining records of service authorizations or reauthorizations.

September 1, the Department of Health changed its reimbursement model for FIs helping consumers enrolled in the program.  This would have resulted in a significant reduction in reimbursement to FIs, which would have forced FIs to have to decide whether to close or leave the program.

Approximately half of HCP’s members serve as FIs in CDPAP.


About HCP
HCP is a statewide trade association representing the full spectrum of home and community-based care providers.  Through a strong network of regional chapters and an active State office in Albany, HCP is a primary authority of the home health care industry.

Home care. Health care. Your care . . . for life.®

Marissa Crary
Director of Marketing & Education
New York State Association of Health Care Providers
(P) 518.463.1118, ext. 824