**UPDATE** New Statute Allows Parents of Adult Consumers to be PAs – Effective April 1, 2016

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**UPDATE** On March 23, 2016, the Department of Health released guidance stating that:

Effective April 1, 2016, and in accordance with Chapter 511 of the laws of 2015, changes will go into effect that modify who can work as a CDPAP personal assistant for an eligible participant.  The purpose of these changes is to permit parents of adult children to be hired and work as CDPAP personal assistants.

Specifically, this amendment to Social Services Law Section 365-f made the following changes:

• Language was added to amend who may serve as a CDPAP eligible individual’s personal assistant:

• The new law bars persons from being hired as CDPAP assistants if they are legally responsible for the eligible individual’s care and support. This means that an adult who is not legally responsible for the eligible individual’s care and support may be a CDPAP assistant for that eligible individual. In particular, this means that a parent of an adult child (21 years of age or older) may serve as that adult child’s CDPAP assistant. Parents of children who are younger than 21 cannot be hired as that minor child’s CDPAP assistant. Consistent with current regulations, spouses and designated representatives also cannot be hired as CDPAP assistants.

• Any other adult relative of the CDPAP eligible individual may serve as the individual’s CDPAP assistant. In all cases, the CDPAP authorization is based on the eligible individual’s assessed needs. This applies regardless of whether the CDPAP assistant is a parent or other adult relative of the individual or not related to the individual. A CDPAP eligible individual’s spouse and/or designated representative remains precluded from serving as the individual’s personal assistant.

Additional specific guidance will be forthcoming.

CLICK HERE to view the full NYS Department of Health Medicaid Newsletter for March 2016.

CDPAANYS will remain in communication with the Department on this issue and make all additional information available as soon as we have it. 

Click here to view the legislation (A.7532).

The Assembly’s press release from June 19, 2015 announcing the passage of this legislation can be found by clicking here.

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