New York Independent Living Centers Sue State Over Changes To Fiscal Intermediary Reimbursement For Consumer-Directed Services

On July 23, 2024, a group of independent living centers (ILCs) and a trade association sued the New York Health Department (DOH) to challenge the state’s plans to change how it reimburses for fiscal intermediary services for Medicaid managed care beneficiaries participating in the Consumer Directed Personal Assistance Program (CDPAP). The plaintiffs allege that in implementing this change to the program, the DOH failed to follow its existing rules on rulemaking.

The CDPAP allows Medicaid beneficiaries with disabilities needing personal care, home health, or nursing services to recruit, hire, train, supervise, and terminate their own personal assistants, including family . . .