Executive Summary. On December 18, 2019 New York State’s Department of Health (DOH) issued a Request for Offers (RFO) from those who wish to continue or first become Fiscal Intermediaries (FIs) under the State’s Consumer Directed Personal Assistance Program (CDPAP). Every offer responding to this RFO must sign a “Joint Employment Attestation” expressly acknowledging the offeror’s status as a joint employer for a consumer-directed personal assistants (PAs). This mandate shifts substantial risk of loss and liability to an FI and raises many questions. Any written questions concerning the RFO must be submitted to DOH by January 3, 2019. Our suggested questions, which you are free to pose to DOH are listed in the “Policy Questions DOH Should be Asked,” section below. In the meantime, every existing FI should perform a self-audit of all the potential liabilities it is being asked to assume. Based on our firm’s 25 years’ experience in representing FIs, we can assist you, if desired.
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