4 Expected Changes to New York’s Consumer-Directed Program

Fiscal intermediaries (FIs) play an essential role in providing high-quality care for self-directed individuals living with intellectual and developmental disabilities (IDDs). Recent changes to the Consumer Directed Personal Assistance Program (CDPAP) will have an impact on how FIs can conduct business in the state of New York, potentially compromising the health and safety of children and adults living with IDDs. In response to these changes, a new state senate bill was introduced that, if passed, will address problematic issues that arise. Direct Care Innovations remains well-informed regarding any updates, including those listed below, that will affect how FIs operate in the Empire State.

1. New York State License Requirements

Under the new bill, FIs must receive state licensure to continue serving self-directed individuals. The Department of Health (DOH) will grant unlicensed FIs temporary authorization to continue business as usual while waiting for licenses to be approved. This amendment will help to ensure a smooth transition with minimal service gaps for Medicaid recipients and self-directed individuals.

2. Terms of Approval

DOH will consider various factors when reviewing and approving state licenses for fiscal intermediaries. These factors include historical compliance with cost reports, consistent adherence to EVV requirements, and observance of all state and federal regulations. Cultural competencies and the ability to adapt services to meet unique cultural needs will also influence the licensing process. 

3. Personal Assistant Registry 

The new bill details procedures for creating and maintaining a free personal assistant registry for individuals employed by self-directed participants. The registry will be an important tool in the administration of the CDPAP by increasing oversight efficiency and aiding in fraud and abuse investigations. Licensed fiscal management providers will be required to register employed caregivers and submit proper documentation. 

4. Personal Assistant Training 

Once the bill is approved, training requirements for personal assistants must provide basic core knowledge and teach safety skills to Medicaid recipients. Professional education must outline required caregiver certifications, measurable factors to determine an individual’s level of care, and navigation of the personal assistant/self-directed participant relationship. Other training details include free in-person and online education and state reporting of caregivers who have completed required professional education.

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