NYLAG and Patterson Belknap negotiate jointly-proposed agreement with DOH on behalf of Consumer Directed Personal Assistance Program (CDPAP) participants who stood to lose services under chaotic transition to new program administrator
NEW YORK — Monday, Judge Frederic Block of the U.S. District Court for the Eastern District of New York preliminarily approved a settlement in Engesser et al v. McDonald, a class action lawsuit filed in late March by New York Legal Assistance Group (NYLAG) and Patterson Belknap Webb & Tyler LLP on behalf of older and Disabled New Yorkers at risk of losing access to critical in-home care services through the Consumer Directed Personal Assistance Program (CDPAP) following the State’s rushed and tumultuous transition from 600 fiscal intermediaries to one, Public Partnerships LLC (PPL). Engesser specifically argued that the New York State Department of Health (DOH) violated CDPAP consumers’ rights to receive written notice and the opportunity for a fair hearing before they lost services.
The settlement agreement follows weeks of negotiation between plaintiffs’ counsel and the DOH to reach a settlement benefiting CDPAP consumers and ensuring access to care. Because this case is a class action, the judge has ordered the parties to send notice to everyone in the class describing the settlement. Class members will then have a chance to object to the settlement in writing or by video at a fairness hearing. The fairness hearing will take place on August 6 at 11 a.m. via Zoom at which point Judge Block will address any feedback from class members before deciding whether to approve the settlement.
“We are glad to have achieved such important protections for CDPAP consumers through the amended preliminary injunction and proposed class action settlement,” said Patterson Belknap partner, Lisa E. Cleary. “Patterson Belknap and NYLAG have been fighting, since even before this lawsuit was filed in March 2025, for CDPAP consumers to receive notice and an opportunity to be heard before they lose their critical CDPAP services. The relief proposed in the settlement agreement the parties have negotiated goes even further and will require DOH to send additional written communications to consumers that describe resources available to help, as well as conduct robust and targeted outreach to consumers at risk of being disenrolled from their managed long-term care plans due to the transition. We look forward to the opportunity to present the settlement for approval to Judge Block and will continue to press for a final resolution of this action that secures distribution of essential information and critical access to care for consumers.”
“We are confident that the proposed class action settlement will ensure CDPAP consumers who still need help accessing long-term care services are able to get the support they need,” said Elizabeth Jois, supervising attorney in New York Legal Assistance Group (NYLAG)’s Special Litigation Unit and one of the attorneys litigating the case. “This agreement provides immediate outreach to CDPAP consumers who have faced challenges using their services during this transition and connects all consumers with resources and assistance to help ease the transition. Everyone deserves the opportunity to be able to live with dignity and thrive in their own homes and communities, and this settlement helps to protect these rights for Disabled and aging New Yorkers who rely on the CDPAP program.”
The June 27 Amended Preliminary Injunction will remain in place until August 15 or until the Court has decided whether to approve a global settlement of the case. Everyone who has not yet registered with PPL must complete their registration by August 1. This deadline will not be extended any further.
Key provisions of the settlement agreement include:
- DOH will order Managed Long Term Care Organizations, Mainstream Managed Care plans and Local Districts of Social Services to send a letter to all CDPAP consumers who have registered with PPL. This letter will give CDPAP consumers information about how to get help if they are having problems using their CDPAP services.
- Facilitators will have the same access to PPL systems as PPL call center staff do and will have the ability to flag issues for expedited help. Consumers will get a form for CDPAP participants to select a facilitator. Facilitators are able to assist consumers and their Personal Assistants (PAs) in enrollment, onboarding and training, and also by resolving day-to-day issues as they arise.
- Every consumer who is not registered with PPL, whose PAs are not registered, or who is registered but did not use their CDPAP services in June, will receive a letter telling them that their deadline for registering is August 1. This letter will explain all of the ways they can register and the resources that are available to assist.
- DOH will order Managed Long-Term Care (MLTC) Plans to make additional efforts to contact CDPAP consumers who have not used their CDPAP services recently. This includes a letter, at least one home visit and reaching out to an authorized representative.
- Ultimately, every CDPAP consumer who does register with PPL, switches to another long-term service or begins using their CDPAP services through PPL by August 1 will be sent a notice explaining their right to a fair hearing.
- DOH will issue guidance that will help managed care organizations, local districts of social services and PPL understand some of the CDPAP program rules better. These guidance documents should help consumers receive services without interruption.
- DOH CDPAP Transition Hotline will continue to operate in its current capacity through December 31 and will remain open in some form after that.
- Department of Health CDPAP Transition Hotline (staffed Mondays through Fridays from 9am to 5pm): 833-947-8666
- CDPAP participants can also email the DOH CDPAP Transition Team for assistance at [email protected].
- Plaintiffs’ counsel will continue to have the ability to escalate individual cases for timely resolution.
- CDPAP participants may contact NYLAG at [email protected] or 212-946-0359.
Updates will continue to be posted at nylag.org/engesser.
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