Westchester Elder Law Attorney Anthony J. Enea Sheds Light on New York’s Consumer Directed Personal Assistance Program

For many seniors aging in place, the idea of bringing a stranger into their home to provide care may be an uncomfortable one. Westchester County elder law attorney Anthony J. Enea, Esq., managing partner of Enea, Scanlan & Sirignano, LLP in White Plains and Somers, N.Y., recently shared his insights on New York’s Consumer Directed Personal Assistance Program (CDPAP), 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 their own home health aide, including friends and/or family members other than their spouse. The caregiver is paid hourly by Medicaid based on the number of hours the consumer has been approved for by Medicaid.

“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 their representative) is responsible for hiring, firing, and training the caregiver – and must arrange for their own backup when needed. The aide chosen does not need to be a certified healthcare provider, nor do they require any prior training in healthcare. An additional benefit of using the CDPAP program is that the caregiver is not limited in the services they 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,” noted Enea. “Clearly, those using the program and participants in its implementation must avoid committing fraud. 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), Anthony 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 & estates; elder law; Medicaid asset protection planning; Medicaid applications (home care and nursing home); special needs planning; and guardianships (Article 81 and 17-A).

Enea, Scanlan & Sirignano, LLP is located at 245 Main Street in White Plains, N.Y. with additional offices in Somers, N.Y. For more information or to schedule a consultation, call 914-948-1500 or visit www.esslawfirm.com.

About Enea, Scanlan & Sirignano, LLP

Enea, Scanlan & Sirignano, LLP is an eight attorney AV preeminent rated elder law firm with offices in White Plains and Somers, N.Y. The practice concentrates on Elder Law; Medicaid Planning; Nursing Home and Home Care Applications; Wills, Trusts and Estates; Guardianships; Estate Litigation; Supplemental Needs Trusts; and Special Needs Planning. Enea, Scanlan & Sirignano, LLP serves Westchester, Rockland, Putnam, the Bronx, Manhattan, Long Island and Queens and is committed to providing the highest quality legal services to seniors, the disabled and their families. Visit the firm online at www.esslawfirm.com.