Preliminary Injunction Agreement Balances CDPAP Transition and Consumer Care

Following Judge Frederic Block's March 31, 2025, issuance of a temporary restraining order (TRO) temporarily halting New York state's push to consolidate the Consumer Directed Personal Assistance Program (CDPAP) under a single statewide fiscal intermediary (FI), Public Partnerships LLC (PPL), covered in our previous blog, the state has agreed to delay the deadline for transitioning consumers enrolled in CDPAP (Consumers) and personal assistants (PAs) to PPL and ensure that PAs are compensated, including by their prior FI if necessary, until they are fully onboarded.

The preliminary injunction, which was signed by the U.S. District Court for the Eastern District of New York on April 10, 2025, replaces the March 31, 2025, TRO, and gives Consumers until May 15, 2025, and PAs until June 6, 2025, to register with PPL unless extended by the court. Importantly, Consumers retain the right to elect continued service through their prior FI, and PAs get protection against delayed payments while transitions are finalized.

Structure of the Transition: Categories and Consumer Choice

To manage the process, the preliminary injunction outlines three clear categories of Consumers and PAs, depending on the status of the Consumers' registration and PAs' onboarding with PPL. A "Fully Registered Consumer" is a Consumer who has completed the necessary steps for registration and signed the required memorandum of understanding with PPL. A "Fully Onboarded Personal Assistant" is a PA who has completed all legal requirements to become a PPL employee, including employment eligibility verification, and has been notified that the PA is fully onboarded. The three categories are:

• Category A. Fully Registered Consumers whose PAs are fully onboarded with PPL. These PAs will now be employed and paid directly by PPL back to the later of 1) April 1, 2025, or 2) the last date for which the PA was paid by their prior FI.
• Category B. Fully Registered Consumers whose PAs are not yet fully onboarded. These PAs may continue working and be paid either by their prior FI while they complete the onboarding process with PPL, provided the below requirements are satisfied, or be directed to an expedited onboarding process with PPL.
• Category C. Consumers who are not yet fully registered with PPL. Their PAs may also continue to be paid by prior FIs (provided the below requirements are satisfied), or they will be directed to expedited onboarding.

To be paid by the prior FI while the PAs' registration and onboarding are pending, the below requirements must be met:

• The Consumer's managed care organization (MCO) or Local Departments of Social Services (LDSS) can update the Consumer's authorization to the prior FI in time for the PA to be paid within seven days.
• The prior FI is still operational, legally eligible to employ or pay PAs, made timely payments through March 31, 2025, and agrees to continue to employ and pay the PA until such time as the PA becomes a Fully Onboarded PA.
• The prior FI accepts an economic arrangement with the MCO or LDSS that is similar to what was in place prior to April 1, 2025.
• The prior FI does not mislead Consumers or PAs about the CDPAP transition.

Elections to use a prior FI can be submitted by Consumers or their designated representatives through simple means such as a phone call or email. The Department of Health (DOH) must issue guidance and require MCOs and LDSSs to accept such elections.

Expedited PPL Onboarding Mechanism

If any of the above requirements are not met, then the Consumer and the Consumer's PA will be directed by the MCO or LDSS to the "Expedited PPL Onboarding Mechanism," a process that includes:

• intensive and direct outreach by DOH
• expanded DOH CDPAP transition team
• establishment of a dedicated DOH phone line, made publicly available
• provision of access to PPL's technology systems by MCOs
• consumer in-home visits by facilitators and/or MCOs
• availability of in-person community office visits
• PPL staff assigned to in-person community offices

Oversight and What Comes Next

The preliminary injunction establishes a clear legal and administrative structure to protect CDPAP Consumers and PAs during their transition to PPL. It does not apply to Consumers who seek CDPAP services after March 31, 2025, or who continue CDPAP services while voluntarily changing MCOs. The order also does not prevent DOH or PPL from continuing to transition Consumers and their PAs to PPL.

To ensure transparency and responsiveness, DOH will meet weekly with plaintiffs' counsel, share data and work collaboratively to resolve individual issues. DOH has also agreed not to oppose reasonable requests to extend the deadline of June 6, 2025, that are based on PPL's administrative capacity to timely register Consumers and onboard PAs.

Recognizing the complexity of the shift and the importance of uninterrupted care and payment, Judge Block is ensuring that Consumers and their caregivers are not left behind while the broader policy dispute continues to be litigated.

Holland & Knight will provide ongoing updates as we approach the registration deadlines.