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March 11, 2020

Important Notice for CDPAP FIs That Did Not Respond to RFO #20039

On March 6, the NYS Department of Health (DOH) issued a revised version of MLTC Policy 20.01: Transition Policies for Fiscal Intermediaries (FIs) and Consumers under the Consumer Directed Personal Assistance Program (CDPAP). This policy provides important information for those entities currently providing FI services that did not submit an offer under RFO # 20039.

As CDPAP FIs are aware, Section 365-f of the Social Services Law was amended in 2019 to require a procurement process under which the DOH commissioner would enter into contracts with entities to provide FI services under the CDPAP. Entities wishing to provide FI services were required to submit offers under Request for Offer (RFO) #20039 New York State Fiscal Intermediaries for the Consumer Directed Personal Assistance Program. Published on December 18, 2019, the RFO required offers to be submitted by March 3, 2020. Importantly, all entities currently providing FI services were required to submit an offer in response to the RFO, and FIs were permitted to apply as a lead FI, collaborating partner, or both.

The DOH published MLTC Policy 20.01 to facilitate the transfer of services from those entities that are currently providing FI services that either decide or are required to cease operations based on the RFO. Importantly, under MTLC Policy 20.01, any current FIs that did not submit an offer and were not included as a collaborating partner in any offer may continue to provide FI services to CDPAP consumers until the contract notification date. To be eligible to continue to provide FI services in the interim, the FI must submit an electronic certification to continue providing FI services after March 3 to the DOH at ConsumerDirected@health.ny.gov on or before March 20. The DOH has not identified a specific contract notification date, but has provided an anticipated contract start date of July 1.

MLTC Policy 20.01 also provides a variety of other documents addressing the transition of care for CDPAP consumers, which can be viewed here. The DOH is expected to continue to provide information on these transitions in the future, pending the results of RFO #20039.

If you have any questions regarding the content of this alert, please contact Dena DeFazio, associate, at ddefazio@barclaydamon.com or another member of the firm’s Health Care & Health and Human Services Practice Area.

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