CDPAP Regulations for Care Recipients and Providers
If you’re thinking of hiring a caregiver through CDPAP, you might be wondering about the different CDPAP rules and regulations in the state of New York.
Or perhaps you have a friend or family member you’d like to care for, and you want to know if you can get compensated for your services through CDPAP.
In this article, we’ll discuss the CDPAP regulations, both from the perspective of the care recipient and the care provider.
We’ll cover the following topics, and more.
● Eligibility requirements for CDPAP care recipients
● The different rules and requirements for CDPAP caregivers
● Who can work as a CDPAP provider
● The history of CDPAP in NY
But in case you’re not already familiar with CDPAP, let’s quickly discuss what it is.
What is CDPAP?
CDPAP stands for Consumer Directed Personal Assistance Program. It is a program funded by New York State Medicaid to provide care for those who are living with a health condition or disability, and may need help with various daily living activities.
One of the biggest benefits of CDPAP is that you can hire friends and family members as care providers. You get the care you need from someone you like and trust, and they get compensated for their services through Medicaid.
For more information, including how to apply, check out our CDPAP guide.
CDPAP regulations for the patient
In this section, we’ll cover all the CDPAP regulations for the patient, or the care recipient.
So if you’re looking to hire a family member or friend as your care provider through CDPAP, then these regulations will be relevant to you.
New York residency
To be eligible for CDPAP, you must be a New York resident because CDPAP is a NY Medicaid program.
If you’ve been living in NY for more than 11 months, and you spend more than 184 days per year in NY, then you’re considered to be a resident in the state.
If you’ve recently moved to New York, make sure to update your driver’s license/state ID, bank statements, etc. so you can use them as proof of address.
Since CDPAP is funded by Medicaid in NY, you have to be enrolled in Medicaid in NY to be eligible for CDPAP.
Medicaid has its own set of eligibility requirements that are separate from CDPAP. You must meet certain income, health and/or age requirements.
For more details on your eligibility for NY Medicaid, you can visit Benefits.gov. Of course, if you are eligible, you still have to make sure to enroll in Medicaid before you can hire a caregiver through CDPAP.
Evidence of the need for assistance
You should be able to prove that you have a disability or health conditions that cause you to need help with various activities of daily living (ADL).
ADLs are basic tasks that you need to do every day to live a comfortable life. They include some of the following.
● Personal hygiene tasks such as grooming, bathing, oral care, etc.
● The mental and physical ability to properly use the bathroom
● Dressing appropriately for various occasions
● Meal preparation, grocery shopping, ordering food
You can get a recommendation from your doctor that you need assistance with one or more of these tasks.
If you need help with taking your medications consistently, and timely, that might help you qualify for CDPAP as well.
Self-directing your care
CDPAP is consumer-directed, which means that you, as the care recipient, must be able to self-direct your care.
In other words, you must know your care needs, and be able to communicate them to the caregiver.
You must also be able to provide any necessary training to the CDPAP aide.
What does self-directing mean according to NYS DOH?
The New York State Dept. of Health (NYS DOH) has its own specific definition of what it means to be non-self-directing.
If you fall under any of the following categories, then you’re not able to self-direct and you may not qualify for CDPAP.
According to NYS DOH, a non-self-directing person may demonstrate the following traits:
● The lack of ability to make choices about different daily living activities
● Lacking the understanding of the consequences of different choices
● Not accepting responsibility for the outcomes of actions and choices
If you have any sort of cognitive decline, and experience disorientation, then you’d also fall under the category of non-self-directing. For example, it could be due to a degenerative condition like Alzheimer’s disease.
● You must know what to do in emergency situations
● You must not have a recent history of unintentional wandering
● You must not show signs of unintentional negligence
In addition, you must understand the consequences of harmful behaviors like the following:
● Not following your medications according to doctor’s instructions
● Refusing to seek help in a medical emergency
● Dangerous situations like leaving the stove on and unattended
CDPAP regulations for the caregiver
Now let’s delve into the various rules and regulations if you’re looking to become a caregiver through CDPAP.
Who can become a CDPAP caregiver?
Anyone can be a CDPAP caregiver with the following exceptions.
● Legal spouse
● Legal/designated representative (person who makes care decisions on your behalf)
● Parents, if the child is under the age of 21
So, as long as you don’t fall under the above categories for the care recipient, you can sign up to be their care provider.
When picking a family caregiver, both parties should do the due diligence to make sure the care relationship is a good fit in the long term.
What tasks do I need to perform as a caregiver?
As a care provider through CDPAP, your client/patient will train you and direct you on your tasks, depending on their specific disability and needs.
Typically, your tasks would be similar to those of a home health aide or personal care assistant.
As we explained above, you may need to help with various activities of daily living (ADLs) such as:
● Personal hygiene
● Meal preparation
As long as you have the adequate training, you are also allowed to perform some medical/health tasks as a CDPAP aide.
Here are some examples, but there could be others depending on the recipient’s needs and your training.
● Helping with meals to follow a specific diet according to instructions from a doctor/nutritionist
● Promoting skin integrity to prevent pressure wounds
● Routine monitoring of health conditions
● Taking vital signs
● Administering medication
Be sure to speak to the recipient’s doctor and/or nurse when you have questions or if you need guidance.
You don’t need any certifications to work as an aide through CDPAP.
What about immigration status?
As long as you’re legally authorized to work in the United States, you can become a CDPAP aide.
You don’t need to be a U.S. citizen for this role.
Do I need a background check?
You don’t need a background check for a role as an aide through CDPAP.
This is different than if you were working as a home health aide through an agency, or if you wanted to work in a long-term care facility like a nursing home, where you’re more likely to have a background check requirement.
What do I need to do to become a CDPAP caregiver?
In short, here’s what you’ll need.
● Proof that you’re above 18 and authorized to work in the U.S.
● A physical exam
● Some paperwork
We can help you with all these steps. Call us at (877) 941-0489 and we walk you through the steps.
The history of the CDPAP legislation
So let's dig into the history of CDPAP.
Although CDPAP was officially created in 1995, the idea of caregiving at home got started all the way back in 1977 in New York.
An organization called the Concepts of Independence for the Disabled (CID) started advocating for people with disabilities with the idea that they should have more control over their care.
CID believed that those in need of assistance should be able to choose who provides care for them. Receiving care from someone you know and trust is a much better experience for many people.
It helps them remain connected to their communities, instead of having to live in an institution.
In 1992 NYS DOH started the Patient Managed Home Care Program to explore options to improve the quality of state-provided home care, while still keeping it affordable.
The program was renamed to CDPAP in 1995, and still remains in place till today.
CDPAP can be a win-win for both the care recipient and the provider.
If you need care, you get to hire someone you like and trust, instead of having to receive care from a stranger.
If you’re the care provider, you get to care for someone you care about, and you get compensated for your services through Medicaid and CDPAP.
To get the process started, give us a call today at (877) 941-0489.