How Does the Consumer Directed Personal Assistance Program (CDPAP) Work in New York? An Experienced Long-Term Care Planning Attorney Explains

Long Islanders exploring long-term care programs in the state of New York that provide services to individuals who are chronically ill or physically disabled should consider the Consumer Directed Personal Assistance (CDPAP) Program if they wish to seek Medicaid benefits while retaining control over services. This program benefits individuals in New York who are in need of skilled nursing services or who otherwise require assistance with activities of daily living, while allowing participants to choose their own care.

At Sheryll Law, P.C., we help Long Island clients in and around the Hamptons to protect their generational wealth and prepare for their golden years through proper estate planning. Below, we will review the program’s features and the steps to qualify for CDPAP in New York. We welcome questions, and clients can schedule a consultation with our experienced estate planning team in Riverhead, NY by calling (631) 506-8440.

How is CDPAP Different from Regular Medicaid?

CDPAP is a Medicaid entitlement program that is offered under the NY Managed Medicaid Long Term Care Program and the Community First Choice option. The Consumer Directed Personal Assistance Program (CDPAP) in New York is also known as CDPAPNYS and CDPA.

This program is distinguished by its “consumer direction” emphasis, which is also described as “participant direction” or “self-direction.” Another phrase used is “cash and counseling.”

Features of New York’s Consumer Directed Personal Assistance Program (CDPAP)

CDPAP joins participants with a caseworker from the county and a medical professional to prepare a “Care Plan” specifying the quantity of hours they will require. The “consumer-directed” verbiage refers to the flexibility participants have to hire and train individuals of their choice as paid care providers that they oversee.

While spouses and legal guardians are not allowed to serve as paid care providers, this popular program does allow the participant’s friends and some family members, such as siblings or adult children, to serve in this role.

There are many responsibilities involved with managing the consumer-directed services and personnel. Each participant’s program resembles a small business.

The participant, power of attorney or their legal guardian, relative, or designated adult must manage all of the following:

  • Recruiting, hiring, training, and supervising caregivers
  • Terminating and replacing caregivers
  • Arranging for back-up coverage when needed
  • Arranging and coordinating services
  • Maintaining payroll records

While the day-to-day responsibilities can be a consuming project, many participants enjoy being able to retain elements of freedom and control.

Requirements To Qualify for CDPAP in New York

To qualify for CDPAP, an applicant must qualify for Medicaid. The flexible, consumer-directed nature of CDPAP also requires the applicant to be able and willing to make informed decisions as to which services they will select. Alternatively, the applicant can have a legal guardian, power of attorney or a relative or another designated adult available to make these informed decisions on behalf of the applicant.

Qualifying for Medicaid itself is the first and greater concern when seeking to qualify for CDPAP. An experienced New York elder law attorney can provide guidance regarding CDPAP’s requirements and selection of paid care providers.

How Long Does it Take to Prepare in Advance to Qualify for Medicaid in New York?

In particular, the Nursing Home “Medicaid look back” process can complicate qualification, as it involves the state’s inspection of the past five years of an applicant’s family’s income, assets, and asset transfers. However, CDPAP is within Community Medicaid and has a pending look-back period of 30 months. The earliest implementation date of this lookback period has been delayed to 2024. Therefore it is important to act now if in home care is needed. Under Medicaid’s “look back rule,” an applicant can be declared ineligible for Medicaid if their income or assets are above the limits, or if it can be ascertained that asset transfers were made in order to come in below the limits.

Ideally, applicants hoping to qualify for Medicaid and its programs like CDPAP need to prepare well ahead of five years before they intend to qualify. However, Sheryll Law, P.C. has helped families create strategies to plan for long-term care in many different circumstances. Consult an experienced NY long-term care planning attorney to discuss Medicaid eligibility requirements.

Where NY’s CDPAP Fits Into Long-Term Estate Planning

As a Medicaid program, CDPAP requires qualifying for Medicaid, which has significant financial requirements involving monthly income limits and the value of resources an applicant or two-person household can retain.

CDPAP requires long-term planning not only in regards to care beginning when a participant begins the program, months before the participant applies for Medicaid. Shorter-range planning risks jeopardizing eligibility for Medicaid and CDPAP. Discuss CDPAP in relation to long-term estate planning options with an experienced NY long-term care planning attorney upon determining interest in the program.

An Experienced Long-Term Estate Planning Attorney at Sheryll Law Can Guide Medicaid and CDPAP Application Efforts in the Hamptons Area of Long Island in New York

At Sheryll Law, P.C., we serve our clients’ elder law needs on the East End of Long Island, preparing plans that properly address each individual’s specific needs and circumstances. To schedule a consultation, contact our experienced Long Island elder law legal team in Riverhead, NY today by calling (631) 506-8440 or filling out our online form.

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The information in this blog post (“post”) is provided for general informational purposes only and may not reflect the current law in your jurisdiction. No information in this post should be construed as legal advice from the individual author or the law firm, nor is it intended to be a substitute for legal counsel on any subject matter. No reader of this post should act or refrain from acting based on any information included in or accessible through this post without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer licensed in the recipient’s state, country, or other appropriate licensing jurisdiction.

Sheryll Law, P.C.
633 East Main Street, Suite 2
Riverhead, New York 11901
(631) 506-8440