January 14, 2025

CDPAP UPDATE

Additional Legal Activity in Wake of Recent TRO

As shared in the HCANYS alert on January 8, a judge in the State Supreme Court in Livingston County issued a temporary restraining order (TRO) relating to the transfer of data in connection with the proposed transition to a single Statewide Fiscal Intermediary (SFI).

As a reminder, in the Glidedowan, LLC d/b/a All-American Homecare v. NYS Department of Health case, the judge issued a TRO on 1/7/25 that prohibited NYSDOH from:

           (1) requiring Glidedowan to provide certain information to third parties (e.g. data and records) containing identifiable information of both consumers and personal assistants, and

           (2) requiring Glidedowan to provide notifications to consumers and personal assistants about the anticipated transition to a Statewide FI in the Consumer Directed Personal Assistance Program (CDPAP).

Since the time of the Glidedowan TRO (1/7/25), there has been a flurry of legal activity in SFI cases at both the state and federal levels. Below is a summary of the developments.

In the Glidedowan case, attorneys for the Consumer Directed Personal Assistance Association of New York State recently filed a motion with the court to intervene in the case for the purpose of seeking the same temporary relief granted to Glidedowan. In addition, another law firm that represents nineteen (19) different fiscal intermediaries also filed a motion to intervene in the Glidedowan case in light of the recently issued TRO.

In the Freedom Care LLC vs. NYS DOH, DOH Commissioner McDonald, & Public Partnerships LLC case, attorneys for Freedom Care recently made additional filings with the court citing the Glidedowan TRO in order to support Freedom Care’s own request for relief.

In a federal SFI case, Violette Jeannot, et. al. v. NYS Governor Hochul, NYS DOH, and DOH Commissioner McDonald, the Plaintiffs (Jeannot & others) are seeking a preliminary injunction to stop the proposed transition to the SFI. However, on 1/13/25, the judge in the case denied the Plaintiffs motion on various legal grounds.

As new developments emerge in the CDPAP/SFI legal proceedings, HCANYS will continue to provide on-going updates.