Navigating long-term care options can be overwhelming, but the Consumer Directed Personal Assistance Program (CDPAP) offers a unique opportunity for Medicaid recipients in New York to receive care from trusted family members or friends. If you or a loved one requires assistance with daily activities, understanding how CDPAP works and its role in Medicaid planning is essential. A White Plains elder lawyer can guide you through the process to ensure you receive the benefits you deserve.
The Consumer Directed Personal Assistance Program (CDPAP) is a New York State Medicaid program that allows eligible individuals to choose their own caregivers rather than relying on traditional home care agencies. This program empowers seniors and individuals with disabilities to receive assistance from someone they trust, such as a family member or friend, while ensuring that caregivers are compensated for their services.
Medicaid recipients select and train their own caregivers.
Caregivers do not need certification as home health aides or nurses.
Aides can provide skilled services, including wound care and medication management.
Caregivers are paid through Medicaid via a Fiscal Intermediary.
Unlike standard home care services, where agencies assign caregivers, CDPAP gives individuals control over their care by allowing them to hire people they know and trust.
To participate in CDPAP, an individual must be enrolled in Medicaid and require assistance with activities of daily living (ADLs) such as bathing, dressing, grooming, toileting, transferring, and ambulation. The consumer, or their representative, must also be capable of directing their own care or have a designated representative who can do so on their behalf.
Once enrolled in CDPAP, the consumer or their representative can hire a personal care aide of their choice, including family members or friends, to provide care. The personal care aide must meet certain qualifications and undergo training, but they do not need to be certified or licensed. The consumer, or their representative, is responsible for managing the personal care aide, including scheduling, training, and supervision. The personal care aide is paid by Medicaid through a fiscal intermediary, who also handles payroll and taxes.
To qualify for CDPAP, individuals must meet the following requirements:
Be a New York State Medicaid recipient.
Have a stable medical condition that requires assistance with daily living activities.
Be able to self-direct their care or have a designated representative to manage care decisions.
Complete a Community Health Assessment to determine their need for home care services.
Additionally, caregivers cannot be the applicant’s spouse, legal representative, or parent (if the applicant is under 21). However, adult children, siblings, friends, and even neighbors can qualify as paid caregivers under the program.
Medicaid planning is crucial for seniors and individuals with disabilities who want to receive long-term care without depleting their assets. A White Plains elder lawyer can help structure finances and navigate Medicaid rules to ensure eligibility for CDPAP and other vital programs.
Avoiding Medicaid Spend-Down: Many seniors exceed Medicaid’s income or asset limits. With proper planning, excess income can be placed into a pooled income trust, helping individuals qualify while preserving financial security.
Asset Protection: Using a Medicaid Asset Protection Trust (MAPT) can safeguard a home and savings while ensuring Medicaid eligibility.
Navigating the Look-Back Period: New York enforces a 30-month look-back period for Community Medicaid, meaning improper transfers of assets can lead to penalties. Proper legal guidance ensures compliance.
Ensuring Proper Caregiver Compensation: Legal assistance ensures that caregivers are compensated fairly and in accordance with Medicaid regulations.
Applying for CDPAP and Medicaid can be complex, with strict eligibility rules and detailed application requirements. An elder law attorney can provide invaluable assistance by:
Assessing Medicaid Eligibility – Reviewing income and assets to determine if planning strategies are needed to qualify.
Creating Legal Documents – Setting up powers of attorney, advance directives, and trusts to protect assets and ensure proper decision-making authority.
Guiding the CDPAP Enrollment Process – Helping applicants complete the necessary Medicaid paperwork and enroll in CDPAP through a managed care plan.
Working with a Fiscal Intermediary – Ensuring smooth payroll processing for caregivers and compliance with Medicaid rules.
Appealing Medicaid Denials – Assisting with appeals if Medicaid eligibility or services are denied.
Read more in our article, What Does an Elder Law Attorney Do?
For many families, CDPAP offers a more personal and reliable care solution than traditional home care services. The ability to choose a trusted caregiver ensures a higher level of comfort and familiarity, which is especially important for seniors who may struggle with cognitive decline or mobility issues. CDPAP can also be beneficial for individuals with complex medical needs or disabilities. By allowing the consumer or their representative to choose and direct their own personal care aide, CDPAP can provide a more customized approach to care that is tailored to the individual's unique needs and preferences.
Independence – Seniors can stay in their own homes rather than moving to a facility.
Familiarity – Receiving care from a loved one fosters trust and emotional well-being.
Financial Support for Family Caregivers – Relieves the burden on family members who would otherwise provide unpaid care.
Flexibility in Care – Unlike agency-directed home care, CDPAP allows recipients to train caregivers in a way that best suits their needs.
If you or your parent is considering CDPAP, it’s crucial to ensure Medicaid eligibility and proper planning. A White Plains elder lawyer can provide expert guidance on Medicaid applications, asset protection strategies, and caregiver compensation to maximize benefits while securing financial stability. Book a call with Parker Law Firm to explore your options and find out how to get your parent eligible for Medicaid and how you can get paid for care.
Reference: New York Department of Health (February 2025) "Consumer Directed Personal Assistance Program (CDPAP)"
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