Judge Imposes Restraining Order to Halt Transfer of CDPAP Program

Judge Imposes Restraining Order to Halt Transfer of CDPAP Program

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A judge in Livingston, NY has temporarily halted the NY Department of Health’s plan to consolidate the CDPAP program into a single home care agency by issuing a restraining order.

The CDPAP program offers a unique home care solution where family members or acquaintances can serve as paid aides for elderly or handicapped patients. This program is a popular choice for families who want to personally care for their elderly parents and avoid relying on unfamiliar caregivers.

New York currently has a multitude of home care agencies, also known as CDPAP fiscal intermediaries. However, in an effort to reduce Medicaid spending, the DOH has made the decision to streamline this number to just one company. Public Partnerships, a reputable agency based in Georgia, has been selected as the sole provider of services for approximately 250,000 CDPAP patients in New York. This change will take effect on April 1st.

Consolidating patients from multiple agencies into a single one has faced significant opposition from fiscal intermediaries, CDPAP patients, and their families. Concerns revolve around issues such as accessibility, the risk of patients being overlooked, and the potential emergence of various challenges.

The Department of Health (DOH) has faced numerous lawsuits in its efforts to proceed with the transition. In fact, a new lawsuit was recently filed by a judge in Livingston, NY, making it the ninth one. This legal action has resulted in a restraining order being issued against the DOH, preventing them from transferring personal assistant data and information to Public Partnerships. The reason behind this order is that such a transfer would violate HIPAA privacy laws. Consequently, Public Partnerships is now faced with the challenge of registering 250,000 patients by April 1st, without having access to their information.

Reference Article

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