Quick Links:
Single Statewide Fiscal Intermediary
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- Request for Proposals #20524
- CDPAP Statewide Fiscal Intermediary Transition Policy for Current Fiscal Intermediaries
- BSK Memo to HCP re. DOH CDPAP / FI Transition Memo
- Senate Bill 9901 (Rivera) to repeal the RFP and replace it with a licensure process
Lawsuit Tracker
| Lawsuit | Details | Target of Suit | Relief Sought | |
|---|---|---|---|---|
| Lawsuit 1 | Index # 907019-24 Consumer Directed Personal Assistance Association of New York State, Inc., et al v. James McDonald, M.O., Commissioner of the New York State Department of Health, and the New York State Department of Health | Filed 7.22.2024 in State Supreme Court in Albany County by law firm Bond, Schoeneck and King. 10.10.2024: Request for preliminary injunction denied. | DOH: Suit targets the new FI administrative reimbursement rate methodology | Permanently enjoin the DOH from implementing the new reimbursement methodology. Declare the new methodology null and void. Award costs and attorneys' fees to the petitioners. |
| Lawsuit 2 | Index # 907872-24 Save Our Consumer Directed Home Care Program, Inc. v. NYS Department of Health and James V. McDonald (Commissioner). | Filed 8.12.2024 in State Supreme Court in Albany County by law firm Littler Mendelson, PC. 12.10.24: Request for answer on preliminary injunction filed. | DOH: Suit challenges amendments made to Section 365-f of Social Services Law enacted as part of the State Budget, i.e. the Single Statewide FI. | Permanently enjoin the DOH from implementing the RFP or selecting an awardee. Declare the amendments to Section 365-f invalid, unconstitutional, and contrary to law. |
| Lawsuit 3 | Index # 908147-24 Corning Council for Assistance and Information for the Disabled, Inc. et al v. NYS Department of Health And James V. McDonald (Commissioner). | Filed 8.16.2024 in State Supreme Court in Albany County by law firm Bond, Schoeneck and King. 9.20.2024: Oral arguments heard. 9.30.2024: Request for preliminary injunction denied. 10.7.2024: Appeal filed. | DOH: This suit challenges the RFP on several legal grounds. | Stop the state from moving forward with the selection process for the single FI. Declare the new law (Part HH) unconstitutional. Allow petitioners to compete fairly for the role of the FI. |
| Lawsuit 4 | Case 1:24-cv-07071 Principle Homecare, LLC, V. McDonald | Filed 9.18.2024 in US District Court, Southern District of NY by law firm Gibson, Dunn, and Crutcher, LLC. DOH has until 1.31.2025 to file its notice that it will oppose a preliminary injunction. | DOH: The plaintiffs argue that this law violates several clauses of the U.S. Constitution. | Plaintiffs seek declaratory and injunctive relief (i.e. for the court to declare the law in question to be unconstitutional) and to prevent the law from being implemented. |
| Lawsuit 5 | Case Identifier # 161036/2024 Freedom Care, LLC v. NYS Department of Health , James McDonald as Commissioner of DOH, and PPL | Filed 11.25.2024 in State Supreme Court in New York County by law firm Gibson, Dunn, and Crutcher, LLC. 1.8.2025: Respondents to Show Cause why a preliminary injunction should not be ordered. | DOH: The plaintiff argues that the award of a multibillion-dollar contract to Public Partnerships LLC (PPL) was predetermined. | The plaintiff seeks to annul the contract award, stop the transition process, and obtain discovery to expose irregularities in the bidding process. |
| Lawsuit 6: Lawsuit discontinued on 12.27.2024. | Index # 912157-24 Empire Center for Public Policy V. NYS Dept. of Health | Filed 12.10.12 in Albany County Court by Government Justice Center. 12.12.2024: Request for Judicial Intervention (RJI) filed. 12.27.2024: Petitioner filed Notice of Discontinuance. | DOH: Empire Justice Center alleges wrongful denial of FOIL request data related to CDPAP | The plaintiff wants to the judge to compel DOH to release the requested records and award attorney fees, and more broadly address delays in FOIL requests. |
| Lawsuit 7 | Index # 912081-24 Marks Homecare CDPAP, LLC dba Pella Care CDPAS V. NYS Dept. of Health, Office of State Comptroller, et al. | Filed 12.6.2024 in State Supreme Court in Albany County by law firms O'Connell & Aronowitz, and Jones Day DOH has until 1.17.2025 to file its answer and provide supporting affidavits. | DOH and Comptroller's Office, et al: alleges process irregularities, lack of comptroller oversight, and statutory violations. | Plaintiffs seek a stay on the PPL contract and related subcontracts; contract awards voided; DOH to run a new, lawful procurement process. |
| Lawsuit 8 | Case 6:24-cv-06731 Glidedowan, LLC, d/b/a All-American Homecare Agency, V. NYS Dept. of Health et al. | Filed 12.17.2024 in US District Court, Western District of NY by law firm Bond, Schoeneck and King. Temporary Restraining Order issued 1.8.2025 is rescinded as of 1.15.2025. | DOH: The plaintiff challenges the Constitutionality of State Statue with regards to the implementation and contracting process for the SFI. | Plaintiff requests a preliminary injunction. Other relief is sought. |
| Lawsuit 9 | No index number assigned yet. Caring Professionals, Inc. V. NYS Dept. of Health et al., and PPL. | Filed 1.15.2025 in State Supreme Court in Nassau County by law firm Benesch, Friedlander, Coplan & Aronoff, LLP | DOH and its representatives, and PPL: The plaintiff alleges big rigging, favoritism, and unlawful directives by DOH; DOH directives violate HIPAA, state and federal laws. | Plaintiff seeks: Declaratory and injunctive relief to prevent the enforcement of the DOH's directives. Compensation for damages, particularly for proprietary and competitive harm. Orders to prevent the transfer of sensitive consumer and caregiver data. |
| Lawsuit 10 | Case 1:24-cv-05896 Jeannot et al V. New York State et al | Filed 8.22.2024 in US District Court, Eastern District of NY by law firm Potomac Law Group. 1.14.2025: Case dismissed. | DOH et al | Plaintiff seeks: Declaratory and injunctive relief. |