Res. No. 642

Resolution calling on the State Legislature to pass, and the Governor to sign, Senate Bill S.9901, creating a state licensure program for CDPAP fiscal intermediaries.

By Council Members Hudson and Marte

Whereas, The Consumer Directed Personal Assistance Program (CDPAP) is a Medicaid program that funds the hiring of home aides for eligible individuals, allowing many New Yorkers with special care needs to remain in their homes and avoid moving to residential care facilities; and

Whereas, 250,000 New Yorkers are enrolled in CDPAP at a cost of $9 billion to the state; and

Whereas, The CDPAP program has grown rapidly in the state since the 2015 passage of a law allowing family members or associates of eligible Medicaid recipients to act as home health aides; and

Whereas, Since CDPAP expanded, the state has had to interact with more than 500 fiscal intermediaries for the program; and

Whereas, CDPAP is scheduled to transition to a single fiscal intermediary as of October 1, 2024; and

Whereas; CDPAP intermediaries have raised concerns that the upcoming switch to a single fiscal intermediary could cost disabled New Yorkers essential care without addressing underlying; and

Whereas; Reductions to CDPAP could place more disabled New Yorkers in residential care facilities which could be more expensive and result in poorer health outcomes; and

Whereas; Licensure of CDPAP intermediaries could address concerns about waste and fraud without disrupting existing relationships for care providers; and

Whereas; State Senator Gustavo Rivera introduced S.9901 that would create a licensure process and related requirements for fiscal intermediaries to continue operating in the Consumer Directed Personal Assistance Program while repealing the planned transition to a single fiscal intermediary; and

Whereas; The bill creates a licensure system that will establish a uniform process where fiscal intermediaries can show their competence and compliance with relevant laws while providing crucial information to the State; and

Whereas; The bill ensures fiscal intermediaries in good standing can continue their operations while prohibiting those that have failed to comply with the basic licensure requirements or have operated in violation of Medicaid-related laws and regulations from continuing to operate; and

Whereas; The bill restores oversight of fiscal intermediary activities to the New York State Comptroller, protecting the program’s integrity; now, therefore, be it

Resolved, That the Council of the City of New York calls on the State Legislature to pass, and the Governor to sign, Senate Bill S.9901, creating a state licensure program for CDPAP fiscal intermediaries.

AY

LS #17603

9/18/2024