Cona Elder Law

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New York State Passes 2025 Budget With Favorable Provisions for Our Older Adults


Over the weekend, New York State passed the budget for Fiscal Year 2025 which included significant funding for health care initiatives for New Yorkers, including a large investment in the Medicaid program, certain portions of which will benefit aging New Yorkers.

Here are the highlights that affect our older adults:

Consumer Directed Personal Assistance Program

The Consumer Directed Personal Assistance Program (CDPAP) remains in place. This unique program allows a Medicaid recipient and their families to select and supervise their own home health attendants, which may include family members, loved ones, friends, or neighbors, to provide care in the home and to be paid by the Medicaid program for the care and services they provide. New York State expects to realize $200 million in Medicaid savings through improved oversight and efficiencies in the program.

Under the traditional model for the provision of home care services through the Medicaid Program, the county assigns an agency and an aide or aides to service the patient. The Consumer-Directed Personal Care Assistance Program (CDPAP) provides patients and their families with complete freedom of choice as to who shall provide personal care services and what tasks they are to perform. If the patient participates in this program, he or she is free to hire, fire, and supervise a home attendant of their own choosing.  The only caveat is that the aide must be able to legally work in the U.S.

However, patients who elect to be serviced by the Consumer-Directed Personal Care Assistance Program must forego certain legal entitlements. The agency cannot be held liable for any negligent acts of the home attendant, unlike the traditional model. In addition, the patient and their families have sole responsibility for locating substitute home attendants in the event an aide fails to show up or quits. Under the traditional model, the agency is responsible for finding a replacement aide and otherwise providing the patient with services that have been approved by Medicaid. 

You must weigh your priorities: a participant in the Consumer-Directed Personal Care Assistance Program (CDPAP) is granted much flexibility in terms of who shall provide services, but also must accept greater supervisory responsibility.

Temporary Reimbursement Increases for Hospitals, Nursing Homes, and Assisted Living Facilities

$825 Million has been allocated for these reimbursements, in addition to general rate increases. In a well-run facility, this should lead to better quality care. 

Funding for Distressed Hospitals

$3.2 Billion has been allocated to support distressed hospitals across the state, including the transformation of safety-net hospitals.

Aging and Public Health Programs

$116 Million in additional funding has been allocated for various Aging and Public Health programs, including nutrition programs and other programs as determined by the State’s Office of the Aging.

As always, contact us if you have any questions. Our Elder Law attorneys are always available to address your questions and concerns.  Call us at 631.390.5000.

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