A class action lawsuit, filed on behalf of consumers of New York’s self-directed Medicaid home care program, has reached a settlement with the state’s Department of Health. The lawsuit was first filed in March by New York Legal Assistance Group (NYLAG) and law firm Patterson Belknap Webb & Tyler LLP, as a response to the […] The post New York CDPAP Class Action Lawsuit Reaches Settlement appeared first on Home Health Care News.
A class action lawsuit, filed on behalf of consumers of New York’s self-directed Medicaid home care program, has reached a settlement with the state’s Department of Health.
The lawsuit was first filed in March by New York Legal Assistance Group (NYLAG) and law firm Patterson Belknap Webb & Tyler LLP, as a response to the tumultuous transition to a single fiscal intermediary for the Consumer Directed Personal Assistance Program (CDPAP).
As part of the transition, consumers and caregivers were meant to register with Public Partnerships LLC (PPL), New York’s sole fiscal intermediary, by April 1. The deadline has since seen numerous extensions. The most recent extension was the result of the class action lawsuit.
Broadly, the lawsuit alleges that the New York State Department of Health violated CDPAP consumers’ rights to get written notice and the chance for a fair hearing before losing access to services.
On Monday, U.S. District Court Judge Frederic Block approved a preliminary settlement. Class members will have the opportunity to oppose the settlement in writing, or virtually at a fairness hearing, which will take place on Aug. 6.
“We are confident that the proposed class action settlement will ensure CDPAP consumers who still need help accessing long-term care services are able to get the support they need,” Elizabeth Jois, supervising attorney in NYLAG’s special litigation unit, said in a statement. “This agreement provides immediate outreach to CDPAP consumers who have faced challenges using their services during this transition and connects all consumers with resources and assistance to help ease the transition.”
The settlement calls for managed long-term care organizations, mainstream managed care plans and local districts of social services to send informational letters to all CDPAP consumers who are registered with PPL. The letters are meant to guide those who are having difficulty using their CDPAP services.
The settlement establishes an Aug. 1 deadline for registering with PPL. It also ensures that consumers and caregivers will receive a letter informing them of the deadline, as well as alerting them to resources that can aid in the process.
The settlement also requires managed long-term care plans to make additional efforts to reach CDPAP consumers who haven’t utilized their CDPAP services recently.
What’s more, CDPAP consumers who register with PPL, move to a different long-term service or start using their CDPAP services through PPL by Aug. 1 will get a notice that explains their right to a fair hearing.
“We are glad to have achieved such important protections for CDPAP consumers through the amended preliminary injunction and proposed class action settlement,” Lisa E. Cleary, a partner at Patterson Belknap, said in the statement. “The relief proposed in the settlement agreement the parties have negotiated goes even further and will require DOH to send additional written communications to consumers that describe resources available to help, as well as conduct robust and targeted outreach to consumers at risk of being disenrolled from their managed long-term care plans due to the transition.”
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