Groups that help disabled & elderly win lawsuit against NYS

Oct 15, 2019

A New York state judge has thrown out a decision by the Department of Health that could have left groups like Western New York Independent Living in Buffalo without Medicaid funds to help elderly and disabled New Yorkers to live at home. 

Earlier this year, the state’s health department issued changes to a program called Consumer Directed Personal Assistance Cost Differential, or CDPA, which helps pay the wages for in-home assistance. The reductions totaled $150 million.

They were supposed to go into effect in September, but were held up because of this lawsuit.

Independence centers help people to live at home instead in a nursing facility. In some instances, their clients continue to work and are financially independent. The centers use Medicaid funds to hire, train and pay aides.

The Department of Health recently changed the way those payments are calculated.

Without the reimbursement, these groups said they would go out of business because they can not afford to pay wages without the Medicaid reimbursement.

The groups claim the health department did not follow proper procedures in creating the rates. They charged the state ignored the real-life consequences for disabled and elderly New Yorkers.