Clarification Regarding the New Law on the Consumer Directed Personal Assistance Program

In the March 2016 Medicaid Update, it was announced that effective April 1, 2016, in accordance with Chapter 511 of the laws of 2015, changes will go into effect that modify who can work as a Consumer Directed Personal Assistance Program (CDPAP) assistant for any eligible participant. As we previously reported, this new law, which amends Social Services Law Section 365-f, permits parents of adult children to be hired and work as an assistant.

In an article on page 12 of the June 2016 Medicaid Update, the CDPAP policy is further clarified. According to the article, the law was intended solely to expand the pool of individuals eligible to be a CDPAP aide to include parents of adult children. It was not intended to narrow the pool of who can be a CDPAP aide.

When family members are hired as the personal assistant (PA) under the CDPAP, several questions should be asked, such as:

• Are the consumer and the personal assistant related?
• If yes, do they live in the same residence?
• If the answer is yes, be advised that the provision of CDPAP could still be allowed.

The article confirms, as per the new law:

• Parents of a child younger than 21 cannot be that child’s PA;
• spouses of a consumer cannot be that consumer’s PA; nor,
• a consumer’s designated representative, regardless of the consumer’s age, cannot be that consumer’s PA.

Living in the same home with the consumer does not disqualify a family member from being selected and hired as a PA.

Any questions about this article should be directed to the Department of Health Division of Long Term Care at (518) 474-5888

Contact: Cheryl Udell, cudell@leadingageny.org, 518-867-8871