Potomac Law Partner Derek Adams was quoted in a Crain’s New York Business article regarding his team’s recent federal filing against the state of New York for its planned elimination of several hundred small New York health care businesses, including nineteen agencies Potomac Law represents, that provide services to patients under the Consumer Directed Personal Assistance Program, or CDPAP.
Potomac Law also represents eighteen Medicaid beneficiaries in the lawsuit—elderly, physically disabled and/or developmentally disabled individuals who do not want to be forced by the state of New York to accept a new statewide agency for their CDPAP services, but rather desire to continue using their provider of choice. As Mr. Adams explained to Crain’s Author, Amber D’Ambrosio, “the U.S. put laws into place to ensure that Medicaid enrollees have choice over their health care — not be forced to accept a single provider that the state offers them.”
Potomac Law’s case in the first federal action to challenge a new law passed this April in New York that would upend the delivery of CDPAP in the state, a popular Medicaid program used by approximately 246,000 New Yorkers and that allows them to self-direct their own home care services.
As explained in the lawsuit, New York is “marching forward with an effort to close hundreds of current providers and transition all services to a new provider without any plan as to how such a transition can possibly be accomplished without significant loss of services, resulting deaths and institutionalization of home-based patients, and irreparable harm to those patients.” The lawsuit further alleges that New York State has not received—let alone sought—required approval from the federal government for its planned upheaval of the popular Medicaid program.
Potomac Law’s action seeks injunctive relief from the U.S. District Court for the Eastern District of New York, where many of the affected agencies and beneficiaries reside, and would prevent New York State from implementing its plan, which must be completed by April 1, 2025 under the new law.
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