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Engesser et al v. McDonald

NYLAG, Patterson Belknap file lawsuit to delay New York State Department of Health Commissioner from transitioning Medicaid Consumer-Directed Personal Assistance Program participants to single fiscal intermediary.

Upcoming Fairness Hearing

Proposed Class Action Settlement and Notice of Class Action Settlement in Engesser et al v McDonald

On July 7, Judge Block preliminarily approved a settlement in Engesser et al v. McDonald. Because this is a class action, Judge Block must approve the settlement. He will hold a Fairness Hearing on August 6, 2025, at 11 am via Zoom to hear feedback on the settlement from class members. You can find out more about the Fairness hearing here: https://www.nyed.uscourts.gov/.

The Notice of Class Action Settlement, providing information on the settlement and how to formally object, is available in English, Spanish, Arabic, Bengali, Chinese (traditional), Italian, Haitian Creole, Korean, Polish, Russian, Urdu, Chinese (Simplified), and Yiddish.

If you have questions, you can call or email the New York Legal Assistance Group at 212-946-0359 or cdpaplawsuit@nylag.org.

UPDATES

July 7, 2025 Preliminary Approval of Settlement

On June 27, Judge Block entered an Amended Preliminary Injunction in this matter, which will remain in place until August 15. The Amended Preliminary Injunction sets in motion a series of letters and notices to CDPAP consumers who have not yet registered with PPL.

The Amended Preliminary Injunction sets August 1, 2025 as the deadline by which all CDPAP consumers and workers must register with PPL. This deadline will not be extended any further.

On July 5, NYLAG and Patterson Belknap filed a proposed settlement of the case and on July 7, Judge Block preliminarily approved the settlement. Because this is a class action, Judge Block must approve the settlement. He will hold a fairness hearing on August 6, 2025, at 11 am via Zoom to hear feedback on the settlement from class members.

The amended preliminary injunction and proposed settlement follow weeks of negotiation between plaintiffs’ counsel and the DOH. We hope that this settlement will benefit CDPAP Consumers who still need help accessing long-term care services.

For more information on the amended preliminary injunction and proposed settlement, please review our press release here.

CDPAP participants may contact NYLAG at cdpaplawsuit@nylag.org or 212-946-0359.

Plaintiffs and the Department of Health spent the past weeks negotiating in an effort to resolve this case. We believe that we are very close to an agreement. On Thursday, June 19, Judge Block extended the current Preliminary Injunction until July 1. This means that nothing is changing right now.

The parties will submit a jointly-proposed Preliminary Injunction on June 26, and ask the Judge to order that new Preliminary Injunction remain in place until the case is fully resolved.

Shortly thereafter, the parties will submit a final settlement agreement to the Judge and ask that he start the process of approving the settlement. Because this case is a class action, the Judge will order 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 if they would like at a Fairness Hearing. The Judge will schedule a hearing, probably by zoom, in early August so that he can address any feedback from class members before he decides if he will approve the settlement.

We hope that this settlement will benefit CDPAP Consumers who still need help accessing long-term care services. We look forward to being able to share the settlement terms with the class later this month.

On May 15, 2025, Plaintiffs asked the court to make changes to the preliminary injunction ordered on April 12 and to extend it so that it lasts until August 15. Following a conference on May 20, 2025, Judge Block extended the current preliminary injunction from June 6, 2025 to June 20, 2025, urged the parties to negotiate, and allowed the parties to submit a schedule for motions. You can read Judge Block’s May 20 order here.

Plaintiffs’ Counsel seeks these changes to Preliminary Injunction because they continue to hear daily from CDPAP Consumers who are still unable to register with PPL; whose Personal Assistants are still unable to register with PPL; and whose Personal Assistants are not able to clock time or be paid correctly.

You can continue to contact NYLAG’s litigation team at 212-946-0359 or cdpaplawsuit@nylag.org.

BLANKET PAPER TIMESHEETS EXCEPTION ENDED May 17, 2025:

The blanket exception for Personal Assistants employed by PPL to use paper timesheets if they cannot log their time in Time4Care, PPL@Home, or by using the PPL Telephony system ends on May 17, 2025. This means that Personal Assistants must use Time4Care, PPL@Home, or Telephony to record the time they work. The only Personal Assistants who can continue to use paper timesheets are those who have requested an individual exception and have had that exception granted by PPL.

If a Personal Assistant will have an ongoing need to use a paper timesheet after May 17 – for instance, as a religious exception or in an area where the use of Time4Care or telephony is not reliable – there is a process to request an individualized exception to use paper timesheets. The Exception Form to make that request is  here  and PPL’s description of the timesheet exception process can be found in  this document at page 5. If you will need one of these ongoing individual exceptions, we recommend that you make your request now so that it can be processed before May 17. The Exception Form must be faxed to PPL at 1-844-244-4384, emailed to nycdpap@pplfirst.com,  or mailed to Public Partnerships LLC PO Box 310, Binghamton, NY 13902  

TIP: Keep a copy of the form for your records and note down the date of submission. If you are mailing the Exception Form to PPL’s PO Box, use certified mail or another tracking service and keep proof of receipt for your records. If you fax the Exception Form, please keep a copy of the fax confirmation for your records.   

If a consumer or Personal Assistant continues to have difficulty with PPL’s systems, please call PPL at 1-833-247-5346 or the Department of Health at 833-947-8666 so that these issues can be fixed as soon as possible.   

You may also contact NYLAG’s litigation team at 212-946-0359 or cdpaplawsuit@nylag.org

BLANKET PAPER TIMESHEETS EXCEPTION ENDS May 17, 2025: 

The blanket exception for Personal Assistants employed by PPL to use paper timesheets if they cannot log their time in Time4Care, PPL@Home, or by using the PPL Telephony system ends on May 17, 2025. This means that Personal Assistants must use Time4Care, PPL@Home, or Telephony to record the time they work.  The only Personal Assistants who can continue to use paper timesheets are those who have requested an individual exception and have had that exception granted by PPL. 

If a Personal Assistant will have an ongoing need to use a paper timesheet after May 17 – for instance, as a religious exception or in an area where the use of Time4Care or telephony is not reliable – there is a process to request an individualized exception to use paper timesheets. The Exception Form to make that request is  here  and PPL’s description of the timesheet exception process can be found in  this document at page 5. If you will need one of these ongoing individual exceptions, we recommend that you make your request now so that it can be processed before May 17. The Exception Form must be faxed to PPL at 1-844-244-4384, emailed to nycdpap@pplfirst.com,  or mailed to Public Partnerships LLC PO Box 310, Binghamton, NY 13902. 

TIP: Keep a copy of the form for your records and note down the date of submission. If you are mailing the Exception Form to PPL’s PO Box, use certified mail or another tracking service and keep proof of receipt for your records. If you fax the Exception Form, please keep a copy of the fax confirmation for your records. 

If a consumer or Personal Assistant continues to have difficulty with PPL’s systems, please call PPL at 1-833-247-5346 or the Department of Health at 833-947-8666 so that these issues can be fixed before May 17. 

You may also contact NYLAG’s litigation team at 212-946-0359 or cdpaplawsuit@nylag.org.  

PLAINTIFFS SEEK CHANGES TO ENGESSER PRELIMINARY INJUNCTION AND EXTENSION TO AUGUST 15:

On May 15, 2025, Plaintiffs asked the Court to make changes to the Preliminary Injunction ordered on April 12, and to extend the Preliminary Injunction so that it lasts until August 15. The Judge will hold a conference at 4pm on Tuesday, May 20. You can read the filing here.

Plaintiffs’ Counsel continue to hear daily from CDPAP Consumers who are still unable to register with PPL; whose Personal Assistants are still unable to register with PPL; and whose Personal Assistants are not able to clock time or be paid correctly.

The proposal, if ordered by the Court, would improve continuity of care by requiring the Department of Health to identify every CDPAP Consumer who has gone without some or all care for the last two weeks, and assign them to a Facilitator for one-on-one assistance. This relief includes both Consumers whose Personal Assistants have quit and those whose Personal Assistants continue to work but have not been paid at all or in full – regardless of whether the Consumer and Personal Assistants are registered with PPL. The Facilitators already exist; you can see a list of them here. However, we have heard from many Consumers that the Facilitators are not able to solve their problems because they do not have enough access to PPL’s systems. The proposed changes to the Preliminary Injunction direct that the Facilitators be given the tools they need to assist CDPAP Consumers and Personal Assistants in getting registered, being fully onboarded, clocking time, and getting paid.

We are also asking that the end date of the Preliminary Injunction be extended from June 6 to August 15.

You can continue to contact NYLAG’s litigation team at 212-946-0359 or cdpaplawsuit@nylag.org.

APRIL 25, 2025 UPDATE ON PAPER TIMESHEETS:

PPL has extended the blanket exception for Personal Assistants to use paper timesheets if they cannot log their time in Time4Care, PPL@Home, or by using the PPL Telephony system. This means that Personal Assistants can use paper timesheets if needed until May 17, 2025. The paper timesheet can be found here.

If you are able to accurately log hours on Time4Care, PPL@Home, or Telefony now, you should do so rather than using a paper timesheet. After this blanket exemption ends on May 17, all Personal Assistants will be required to use an electronic visit verification system (Time4Care, PPL@Home, or Telefony). If you continue to have difficulty with these systems, please call PPL at 1-833-247-5346 or the Department of Health at 833-947-8666 so that these issues can be fixed before May 17.

If a Personal Assistant will have an ongoing need to use a paper timesheet beyond May 17 – for instance, as a religious exception or in an area where the use of Time4Care or telephony is not reliable – there is a process to request an individualized exception to use paper timesheets. The Exception Form to make that request is here and PPL’s description of the timesheet exception process can be found in this document at page 5. If you will need one of these ongoing individual exceptions, we recommend that you make your request now so that it can be processed before May 17. The Exception Form must be faxed to PPL at 1-844-244-4384 or mailed to Public Partnerships LLC PO Box 310, Binghamton, NY 13902.

TIP: Keep a copy of the form for your records and note down the date of submission. If you are mailing the Exception Form to PPL’s PO Box, use certified mail or another tracking service and keep proof of receipt for your records. If you fax the Exception Form, please keep a copy of the fax confirmation for your records.

On Thursday, April 10, 2025, the judge entered a Preliminary Injunction that had been negotiated by the Parties, giving CDPAP consumers until May 15, 2025 to enroll with PPL, and Personal Assistants until June 6, 2025. See answers to frequently asked questions (FAQs) about the Preliminary Injunction here. Updated on 4/25/25.

En español: Preguntas Frecuentes sobre la Orden Judicial Preliminar

The Department of Health has created a CDPAP Transition Hotline which will be staffed from Mondays through Fridays from 9am to 5pm: 833-947-8666 CDPAP participants can also email the Department of Health CDPAP Transition Team for assistance at StatewideFI@health.ny.gov.

On Thursday, April 10, 2025, the judge entered a Preliminary Injunction that had been negotiated by the Parties, giving CDPAP consumers until May 15, 2025 to enroll with PPL, and Personal Assistants until June 6, 2025. See answers to frequently asked questions (FAQs) about the Preliminary Injunction here.

The Department of Health has created a CDPAP Transition Hotline which will be staffed from Mondays through Fridays from 9am to 5pm: 833-947-8666.

CDPAP participants can also email the Department of Health CDPAP Transition Team for assistance at StatewideFI@health.ny.gov

On Thursday, April 10, 2025, the judge entered a Preliminary Injunction that had been negotiated by the Parties, giving CDPAP consumers until May 15, 2025 to enroll with PPL, and Personal Assistants until June 6, 2025.

See answers to frequently asked questions (FAQs) about the Preliminary Injunction here.

On April 9, 2025, after intensive negotiations, the parties in Engesser et al v. McDonald submitted a Proposed Preliminary Injunction to Judge Block for his consideration.

The Temporary Restraining Order (TRO) and the clarifying April 2, 2025 Order remain in effect through April 14, 2025 unless or until the Court enters a preliminary injunction before April 14, 2025 that replaces the TRO.

On Friday, April 4, 2025, the Parties appeared in Court for a hearing on a Plaintiffs’ motion for a Preliminary Injunction. Before that hearing began, the Department of Health offered to discuss a potential settlement which would result in a jointly agreed-upon Preliminary Injunction. Negotiations were productive and will continue. The Parties will file a status update with the Court by midnight on Tuesday, April 8th.

In the meantime, Defendant has provided the following instructions for CDPAP Personal Assistants who are unable to report their work hours:

April 4, 2025 Instructions from the State
  • Instructions for Personal Assistants who have started or completed registration with PPL but cannot log hours:
  • Instructions for Personal Assistants who have NOT started registration with PPL:
    • The CDPAP Consumer should call their MCO or LDSS.
    • The New York State Department of Health suggests that you tell your MCO or LDSS:

      “I am a consumer who has not yet started or completed my registration with Public Partnerships LLC and I wish to have my personal assistants stay with my prior FI. I understand that pursuant to the Temporary Restraining Order issued by a federal judge, that you must ensure my assistants are paid.”

***We understand that there is some confusion about these instructions, especially for Consumers who are enrolled but whose Personal Assistant(s) have not yet been able to contact PPL. We have asked the State to clarify and will post additional information here when we receive it.***
 
NYLAG suggests that CDPAP Consumers and Personal Assistants keep their own copy of all time records submitted, including fax receipts and any emails they send. We hope that we will have more information for Consumers and Personal Assistants by the middle of next week.

About Engesser et al v. McDonald

More Information

Name: Engesser et al v. McDonald
Dkt. #: #: 25 Civ. 1689
Court: E.D.N.Y.
Judge: Hon. Frederic Block
Co-Counsel: Patterson Belknap Webb & Tyler LLP

Status:  In litigation
Claims: Violation of 14th Amendment, Medicaid Act

Attorneys from the New York Legal Assistance Goup (NYLAG) and Patterson Belknap Webb & Tyler LLP, representing six individuals and two independent living centers as plaintiffs, seek a temporary restraining order from the Court to delay the New York State Department of Health’s transition to a single fiscal intermediary, Public Partnerships LLC (PPL), as it would disrupt critical in-home care for older New Yorkers and those with disabilities who rely on Medicaid’s Consumer-Directed Personal Assistance Program, or CDPAP, to lead safe, dignified lives in their own communities.

The State’s April 1 deadline to transition CDPAP participants from using 600 different fiscal intermediaries to one has proven impossible as tens of thousands of participants have yet to make the transition—not for lack of effort, but because they either were not made aware of the change or because the process is so confusing and inaccessible that they have not been able to complete their enrollment or register their personal assistants.

Plaintiffs have cited issues with PPL’s beleaguered registration processes, including:

  1. the system incorrectly saving previously entered information;
  2. the system loading CDPAP participant’s information where the personal assistant’s registration information should be, but having no way to adjust it;
  3. receiving no callbacks from the PPL service line despite leaving a phone number on multiple occasions; or
  4. receiving a call back from a representative who did not know how to fix the problem.

Such technical issues have prevented tens of thousands of CDPAP participants and their caregivers from registering with just days to go before the current 600 fiscal intermediaries shut down to complete the transition. This will mean that personal assistants cannot get paid, which in many cases will leave those in need of in-home care without critical assistance.

The Department of Health’s rollout of the transition to PPL denies participants’ rights to notice and hearing to which all Medicaid beneficiaries are entitled in the face of state actions that would end their vital CDPAP services leading, in some cases, to serious medical harm. Plaintiffs seek a delay in the transition until these vital rights, enshrined in both the Medicaid Act and the due process clause of the Fourteenth Amendment to the U.S. Constitution, can be meaningfully provided.

Contact


If you are a CDPAP participant and have not been able to transfer your enrollment to PPL, you can call NYLAG at (212) 946-0359 or email CDPAPlawsuit@nylag.org for more information.

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