By way of background, in 2020, the State amended the law to authorize the New York Department of Health (“DOH”) to contract with one entity to conduct independent assessments for individuals seeking personal care services, either in a LHCSA or a CDPAP setting. Subsequently, New York´s regulations were amended to require that individuals seeking these services under the Medicaid State Plan (including those individuals under the MLTC program) obtain an independent assessment and be evaluated and have a Medical Review and Practitioner´s Order form completed by an independent clinician that does not have a prior relationship with the individual seeking services. The State has contracted with Maximus Health Services, Inc. (“Maximus”) to perform the foregoing independent assessments. Upon full implementation of these amendments, the independent assessor (through Maximums) will conduct all initial assessments and all routine and non-routine reassessments for individuals seeking personal care.
The foregoing changes to the independent assessment have been postponed now until May 1. In view of significant opposition to this independent assessor process, there is some possibility of the State repealing the law, but that is not yet certain.