‘a Victory For Plaintiffs’: Judge Approves New York Cdpap Class Action Settlement

Last month, plaintiffs of a class action lawsuit related to New York’s Consumer Directed Personal Assistance Program (CDPAP) reached a settlement with the state’s Department of Health. On Tuesday, Judge Frederic Block of the U.S. District Court for the Eastern District of New York provisionally approved this agreement.

In March, New York Legal Assistance Group (NYLAG) and law firm Patterson Belknap Webb & Tyler LLP filed the lawsuit, which took aim at the transition process to one fiscal intermediary for CDPAP, New York’s self-directed Medicaid home care program.

Specifically, the lawsuit claims that the New York State Department of Health violated CDPAP consumers’ rights, in terms of getting written notice, as well as the chance for a fair hearing before being cut off from access to care services. The lawsuit included 15,000 class members.

NYLAG referred to the judge’s approval of the settlement agreement as a victory for the plaintiffs.

“Our ultimate goals in bringing this litigation were to ensure that CDPAP consumers had adequate time and assistance to switch to the new state-wide fiscal intermediary, and that any consumer who was unable to get through that process received written notice explaining what steps they had missed and that they had the ability to present their issues in a fair hearing,” Elizabeth Jois, supervising attorney in NYLAG’s Special Litigation Unit, said in a statement. “We appreciate that Judge Block has moved to thoughtfully and expediently guide the parties toward a beneficial outcome for CDPAP consumers.”

The decision means that the settlement will become final on Oct. 3, barring further objection under the Class Action Fairness Act.

“The Court commends Class Counsel and Defendant for their hard work in the spirit of cooperation,” Judge Block wrote in his decision. “Over the past several months, the Court has [had] the privilege of dealing with the professional people at the highest level of our profession who are trying to do some good for the public[.] Patterson Belknap’s commitment to its pro bono practice and NYLAG’s service to marginalized New Yorkers [have] impressed the Court and undoubtedly inspired our legal community.”

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