Proposed Rule on PCSP and CDPAP

Page 24 of the September 10 NYS Register contains a notice of a proposed rule to amend sections of 505.14 and 505.28 of Title 18 NYCRR, which would establish definitions, criteria and requirements associated with the provision of continuous Personal Care (PC) and Consumer Directed Personal Assistance Program (CDPAP).

The proposed rule would cap Level I nutritional and environmental supports to no more than eight hours a week for Medicaid recipients who only need PC Level I services. This had been adopted as an emergency regulation in October 2011. This proposed regulation would make it a permanent rule.

It is also being proposed to repeal the definitions of “some assistance,” “total assistance” and “continuous 24-hour personal care services.” Definitions that will be added are “continuous personal care services” and “live-in 24 hour personal care services.”

Another component that has been added to this proposed rule includes a provision that personal care services shall not be authorized to the extent that the recipient's needs can be met by voluntary assistance from informal caregivers, formal services or adaptive or specialized equipment.

There are several other proposed changes to the nursing assessment, independent medical reviews, and notices of denial, reduction or discontinuance of personal care services.

The Department of Health will be accepting comments on this proposed rule until 45 days from the Sept.10 posting. Please submit your comments to: Katherine Ceroalo, DOH, Bureau of House Counsel, Reg. Affairs Unit, Room 2438, ESP Tower Building, Albany, NY 12237, or email: regsqna@health.state.ny.us.

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