As our loved ones age and need additional assistance, we often do our best to assist in their regular care needs. However, many New York residents struggle mentally and financially while caring for their family members. To provide support for both the individual receiving care and the caregiver, an alternative to traditional home care services through a licensed home care agency is the Consumer Directed Personal Assistance Program (CDPAP).
Designed to provide Medicaid recipients with the opportunity to have more control over their own care, the New York State Medicaid program allows consumers to select, hire, and direct their home care workers. One of the most appealing aspects of the CDPAP is that the program allows eligible individuals to hire family members and friends as paid caregivers.
Am I Eligible For CDPAP?
While the Consumer Directed Personal Assistance Program (CDPAP) is an excellent resource for caregivers and those receiving care, not everyone is eligible and qualifies for the program. Under New York Law, those eligible for CDPAP must meet the following criteria:
- Medicaid Eligibility: Applicants must be eligible for Medicaid in New York, including meeting the income and resource requirements set by the state.
- Need for Long-Term Care: Individuals must have a medical condition or special needs that require long-term care or assistance with activities of daily living (ADLs), such as bathing, toileting, grooming, feeding, dressing, or mobility.
- Self-Direction Capability: Candidates must be capable of directing their own care or have an agent who can act on their behalf to direct care. This is due to their responsibility to make decisions about hiring, training, and managing personal care assistants.
- Managed Long-Term Care (MLTC) Plan Enrollment: In most cases, individuals must be enrolled in a Managed Long-Term Care (MLTC) plan in New York. The MLTC plan helps coordinate and manage the individual’s long-term care services, including CDPAP.
The eligibility requirements may vary based on an individual’s circumstances and any updates or changes in Medicaid rules or regulations. If you are interested in receiving CDPAP services through Medicaid, it is advisable to communicate with an experienced elder law attorney with experience handling these cases.
Should I Speak With an Elder Law Attorney About CDPAP?
Speaking with an elder law attorney with experience in Medicaid planning is crucial when considering the Consumer Directed Personal Assistance Program (CDPAP). Elder law attorneys focus on legal matters affecting older adults, including Medicaid planning, long-term care, and government benefit programs. When you consult with a knowledgeable elder law attorney, they will provide you with valuable insights and guidance specific to CDPAP, including the following:
- Outlining a comprehensive health plan
- Ensuring your and your caregiver’s eligibility
- Choosing the proper caregiver for the application
- Establishing a thorough training plan for aides
- Reviewing and analyzing complex legal documents
- Filing documents on time and with the appropriate agencies
- Detailing the specifics of your medical decisions
- Advocating on your behalf during disputes
- Offering strategies to protect your assets and income
- Avoiding unnecessary expenses or delays in obtaining essential benefits
Elder Law attorneys can offer tailored advice based on your unique circumstances, ensuring your participation in CDPAP aligns with your overall long-term care goals and legal needs. They can provide you with peace of mind and assist you in making informed decisions regarding your care, safety, and financial well-being.
Partner With a Highly-Qualified Elder Law Attorney at Fratello Law Today
The Consumer Directed Personal Assistance Program (CDPAP) is a great option for those interested in having family members or people they can trust take care of them when requiring long-term care. Our Fratello Law elder law attorneys understand the complexities of Medicaid planning and working with government benefit programs. With over 120 years of combined experience protecting clients across New York, our team has developed a solid understanding and resources to offer professional legal advice and assistance.
We are a small, community-based law firm with a big heart. By utilizing our resources and connections, Fratello Law has built a foundation of positive relationships and referrals with previous clients. To start working with our team, call (516) 980-4633 or complete our contact form to schedule a no-initial-cost consultation with an attorney today.