Legal Maneuvering Continues With CDPAP and the New Statewide Fiscal Intermediary RFP Process

October 9, 2024

Activity in Two Different Cases in Albany This Week Contributes to Uncertainty with SFI Process

A total of five different lawsuits have been filed in connection with CDPAP and the Statewide Fiscal Intermediary RFP. Three cases were filed in state court in Albany and two additional cases were filed in federal court. Below is an overview of the three cases filed against DOH and DOH Commissioner McDonald in state court in Albany.

Corning Council for Assistance and Information for the Disabled et. al. vs. McDonald et.al.

Description of Petitioners: Various independent living centers (ILC’s) & LHCSA’s

Issue: Statewide FI

Court: Albany County Supreme Court (State)

Latest: Oral arguments on Motion for Preliminary Injunction held on 9/20/24

Judge denied Motion on 9/30/24
Petitioners filed Notice of Appeal on 10/7/24

Save Our Consumer Directed Home Care Program vs. NYSDOH et. al.

Description of Petitioners: Coalition of FI’s, other CDPAP participants, and a Consumer

Issue: Statewide FI

Court: Albany County Supreme Court (State)

Latest: Oral arguments on Preliminary Injunction Motion scheduled for 10/11/24

DOH argues that the oral arguments are not necessary because the Statewide FI has already been selected and the Judge already denied a Motion for Preliminary Injunction in the Corning Council case.
Petitioners counter DOH by arguing that this case raises different issues than the Corning Council case.

Consumer Directed Personal Assistance Association of NYS et. al. vs. McDonald et. al.

Description of Petitioners: Association of FI’s & various individual FI’s (including ILC’s)

Issue: Administrative Rate Methodology

Court: Albany County Supreme Court (State)

Latest: Oral arguments on Motion for Preliminary Injunction held on 9/20/24

The judge in this case has not yet issued a decision.

HCA will continue to provide updates on these cases as information becomes available. HCA will also provide updates on the two federal cases in the coming days. Please stay tuned to HCA for all the latest news.