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DOH Guidance Clarifies Permissible Roles of Legal Guardians of CDPAS Members

The Department of Health (DOH) has clarified that a parent or legal guardian of an adult Consumer Directed Personal Assistance Services (CDPAS) member, age 21 or older, may serve as that member's personal assistant, provided that the guardian is not also the member's designated representative. In guidance issued on Oct. 30, 2023, DOH noted that a CDPAS personal assistant cannot be (i) a designated representative; or (ii) "someone who is responsible for the member's care and support." However, according to DOH, legal guardians of an adult, including a representative payee or an agent under a power of attorney, do not have the same personal support responsibility as the parent of a minor child. Thus, individuals who hold those guardianship roles for a CDPAS member may serve as the member's personal assistant, as long as they are not also serving as their designated representative.

The guidance also highlighted certain responsibilities of designated representatives set forth at 18 NYCRR 505.28(h). It indicated that a designated representative may not be the CDPAS personal assistant or a fiscal intermediary employee or affiliate.

Questions pertaining to this guidance may be transmitted to DOH here.

Contact: Karen Lipson, klipson@leadingageny.org