Empire Justice Comments on Immediate Needs for Personal Care Services and Consumer Directed Personal Assistance

Amy Lowenstein December 14, 2015

Katherine Ceroalo
New York State Department of Health
Bureau of House Counsel, Regulatory Affairs Unit
Corning Tower, Empire State Plaza, Rm. 2438
Albany, New York 12237-0031

Re: Comments on Notice of Proposed Rulemaking – Amendment of 18 NYCRR §§ 505.14 and 505.28 (Immediate Need for Personal Care Services and Consumer Directed Personal Assistance)
I.D. No. HLT-43-15-00003-P

Dear Ms. Ceroalo:

Thank you for the opportunity to comment on the proposed regulations regarding Immediate Needs for Personal Care Services and Consumer Directed Personal Assistance that would amend 18 NYCRR §§ 505.14 and 505.28.

Empire Justice Center is a not-for-profit public interest law firm focusing on civil legal services for low-income individuals.  In addition to policy analysis, litigation and direct client representation, we support legal services programs across the state with training and technical assistance, and act as an informational clearinghouse.  We focus on a number of issues affecting low income individuals and families including access to health care and Medicaid.  A significant portion of our health law work focuses on helping Medicaid recipients access and maintain community-based long-term care services.  Beyond assisting individual clients, we also educate advocates and providers about changes in the Medicaid program that affect beneficiaries.  In recent years we have focused particular attention on the statewide roll out of mandatory Managed Long-Term Care (MLTC).

The proposed regulations amending 18 NYCRR §§ 505.14 and 505.28.seek to implement New York Social Services Law (SSL) §§ 364-j(31)(a), 365-a(2)(e)(iii), and 366 a(12) which, together, require expedited Medicaid eligibility determinations for people with an immediate need for personal care services (PCS) or consumer directed personal assistance (CDPA), as well as the provision of such services pending enrollment in managed care.  Although not referenced in the regulatory impact statement, the proposed regulations are also presumably responsive to the July 13, 2015 Order in Konstantinov v. Zucker, Supreme Court, New York County, requiring the Department of Health (the Department) to issue regulations regarding the provision of immediate temporary PCS.

The Empire Justice Center makes the following comments on the proposed rulemaking.  These comments aim to strengthen the proposed regulations so that low income Medicaid recipients will expeditiously receive the home care they need to live safely in their homes.

CLICK HERE to read our full comments.