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Our attorneys stay on top of changes in legislation, agency regulations, case law, and industry trends—then craft timely legal alerts to keep clients up to date on legal developments important to their business.

March 26, 2021

NYS Senate Introduces Legislation to Reopen and Broaden Consumer Directed Home Care Procurement Process

In addition to our March 23, 2021, alert regarding legislative efforts by the NYS Assembly, as of March 15, 2021, the NYS Senate introduced legislation that proposed reopening the Consumer Directed Personal Assistance Program (CDPAP) procurement process for Request for Offers #20039 (RFO #20039). If passed, the proposed legislation would be effective as of January 1, 2021. The legislation is the product of an outcry by hundreds of CDPAP providers supporting the care of patients at home who have been effectively terminated from the provider network as a result of its recent reformation to include only a small portion of providers.

The proposed legislative changes include that, after the selection of contractors and in order to ensure regional choice and experience serving individuals with developmental disabilities, the Department of Health must provide no less than five additional awards to not-for-profit entities; have been established as fiscal intermediaries (FI) since prior to January 1, 2012, and have been continuously providing FI services for eligible individuals; and are currently authorized, funded, approved, and certified by the Office of People with Developmental Disabilities (OPWDD) to deliver Medicaid services under the State Plan and the Home and Community Based Services (HCBS) waiver.

In addition, the department would be required to award no less than five additional awards to not-for-profit entities that have been providing FI services since before January 1, 2012, and primarily provide services to racial and ethnic minority residents or persons who have recently become American citizens in the person’s native language. Under the proposed law, the department would also be required to reoffer contracts to ensure that at least two FIs are headquartered in each county with a population of at least 200,000 residents.

Members of Barclay Damon’s Health Care Controversies Practice Area are actively representing CDPAP providers affected by these recent developments. For more information, please see Part LL of Senate Health and Mental Hygiene Budget Bill S2507-B. In the meantime, Barclay Damon attorneys will continue to monitor the legislative developments related to RFO #20039.

If you have any questions regarding the content of this alert, please contact Linda Clark, Health Care Controversies Practice Area chair, at lclark@barclaydamon.com; Eugene Laks, of counsel, at elaks@barclaydamon.com; Mary Connolly, associate, at mconnolly@barclaydamon.com; Dena DeFazio, associate, at ddefazio@barclaydamon.com; or another member of the firm’s Health Care & Human Services or Health Care Controversies Practice Areas.

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