Elder-law firm sheds light on Medicaid’s personal assistance programs 

For many seniors aging in place, the idea of bringing a stranger into their homes to provide care may be an uncomfortable one. Westchester County elder law attorney Anthony J. Enea, managing partner of Enea, Scanlan & Sirignano, LLP in White Plains and Somers, recently shared his insights on New York’s Consumer Directed Personal Assistance Program (CDPAP) – Connecticut has one as well – which helps overcome that hurdle by compensating friends and/or family members to take on the home health aide role. 

CDPAP is a New York Medicaid initiative that allows someone who is eligible for the Medicaid home care program – both financially and physically – to hire his or her own home health aide, including friends and/or family members other than a spouse. The caregiver is paid hourly by Medicaid based on the number of hours the consumer has been approved for. 

“More than anything else, CDPAP offers the option of receiving home care from someone you know and trust,” said Anthony J. Enea, who has spent nearly 40 years protecting the rights of seniors, the disabled and their families. “The level of familiarity and comfort it affords both the recipient of the care and their family – knowing that a loved one and/or friend is providing the care needed – is, in many cases, invaluable.”  

With CDPAP, the person in need of care (or representative) is responsible for hiring, firing and training the caregiver – and must arrange for backup when needed. The aide chosen does not need to be a certified health-care provider or have any prior training in health care. An additional benefit of using the CDPAP program is that the caregiver is not limited in the services he or she can provide. For example, if the consumer requires an injection such as insulin, the aide can administer it. 

“CDPAP has received a great deal of negative press as it is a home care program that is being victimized by fraud and abuse by both some of its participants and some of the fiscal intermediaries involved with the program,” Enea said. “However, a few bad actors should not dissuade interested seniors from attempting to use the program.” 

An “AV” Rated Preeminent Attorney (Martindale-Hubbell) since 2002, Enea is the immediate past president of the Westchester County Bar Foundation, past chair of the New York State Bar Association’s Elder Law & Special Needs Section and 50+ Lawyers Section, and a past president of the Westchester County Bar Association. His practice areas include wills, trusts and estates; elder law; Medicaid asset protection planning; Medicaid applications (home care and nursing home); special needs planning; and guardianships (Article 81 and 17-A).   

For more, call 914-948-1500 or visit www.esslawfirm.com. 

Caption: As part of a global initiative, Fairfield University’s Patrick J. Waide Center for Applied Ethics will host a multidisciplinary panel discussion on “Climate Action: Health, Resilience and Innovation” Thursday, April 4.