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The Consumer Directed Personal Assistance Program (CDPAP) is a statewide Medicaid program that provides an alternative way of receiving home care services. Rather than assigning a home care vendor or agency that controls selection, training, and scheduling of aides, the "consumer" or the family member, friend or guardian directing his/her care performs all these functions usually done by a vendor. The consumer can hire almost anyone, including some extended family members (state regulations prohibit the spouse, parent, child, son-in-law or daughter-in-law), including immigrants with a valid work authorization. The aide need not be "certified" - training is done by the consumer and family. Another special benefit of CDPAP is that CDPAP aides may perform "skilled" care that otherwise may only be performed by a nurse - suctioning tracheostomies, insulin injections, administration of oxygen or medications where the consumer cannot self-administer. All counties are required to have a CDPAP program and notify “eligible individuals” of the option to join. Eligible individuals include those eligible for services provided by a certified home health agency, a long term home health care (waiver) program, AIDS home care program, or personal care (home attendant). Here is a list of the CDPAP programs in NYS by county (updated June 2011). You do NOT apply directly with these organizations for these services, though. Application process is through the local County's Department of Social Services - generally the same office that processes Medicaid personal care applications (in NYC, through the CASA offices). REQUESTING APPROVAL FOR CDPAP. NYC and most counties require the consumer or the person directing their care to complete a CDPAP application BACKGROUND ON CDPAP. This article explains the CDPAP program in NYS, with cites to state statutes (some have been amended since). Laws.The statutes establishing the CDPAP program include Section 365-f of the Social Services Law and N.Y. Educ. Law § 6908(1)(a) (also known as the Nurse Practice Act, which creates an exception that allows CDPAP aides, along with family and other unpaid informal caregivers, to perform tasks that otherwise may only be performed by licensed nurses. Regulations.The State published final regulations, effective April 20, 2011, creating a new section 28 to 18 NYCRR Part 505. See New York State Register April 20, 2011/Volume XXXIII, Issue 16 (pp. 7-8)
Directives.The following directives have been issued since the above article was written in 2003:
HISTORYFor a history of the development of the consumer-directed program in New York City, which was a national leader in launching this form of service 33 years ago, see this article., along with:
This article was authored by the Evelyn Frank Legal Resources Program of Selfhelp Community Services, Inc.
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