Court Strikes Down Rate Changes to Consumer-Directed Personal Assistance Program

October 21st, 2019

Late last week, a judge struck down the recent rate change to the Consumer-Directed Personal Assistance Program (CDPAP), ruling that it violated the state constitution and the State Administrative Procedure Act (SAPA) by forgoing the public comment period required under the law. If the department of health wishes to proceed with a rate change, it will have to start from the beginning by publishing the proposed rule in the state register and allowing time for feedback from stakeholders regarding the impact of the proposed changes. CDPAP allows seniors and people with disabilities receiving Medicaid-certified home care to choose their own caregivers rather than be assigned one, including giving them the ability to choose a friend or family member. The attempted change in rate structure threatened the viability of many of the state’s fiscal intermediaries who administrate the program.