New Law for the Consumer Directed Personal Assistance Program (CDPAP)

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

• “The new law bars persons from being hired as CDPAP assistants if they are legally responsible for the eligible individual’s care and support. This means that an adult who is not legally responsible for the eligible individual’s care and support may be a CDPAP assistant for that eligible individual. In particular, this means that a parent of an adult child (21 years of age or older) may serve as that adult child’s CDPAP assistant. Parents of children who are younger than 21 cannot be hired as that minor child’s CDPAP assistant. Consistent with current regulations, spouses and designated representatives (whose role is to “instruct, supervise and direct the consumer directed personal assistant) also cannot be hired as CDPAP assistants.”
• The new law also clarifies, “any other adult relative of the CDPAP-eligible individual may serve as the individual’s CDPAP assistant. In all cases, the CDPAP authorization is based on the eligible individual’s assessed needs. This applies regardless of whether the CDPAP assistant is a parent or other adult relative of the individual or not related to the individual.”

Any questions on this new law should be directed to the Division of Long Term Care at (518) 474-5888.

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