Judge Reserves Decision In CDR Motion

By: Seth Voorhees, Rochester YNN

Lawyers for Monroe County argued they didn’t have a binding contract with the Center for Disability Rights at the time the county terminated its vendor relationship with CDR. Lawyers for the advocacy center argued there is a contract, which, though never returned to CDR — was signed by both parties.

State Supreme Court Justice John Ark reserved decision, following the latest chapter in a dispute which began in July, when the county notified CDR it was ending the relationship. CDR was one of several providers to administer a home health program for Medicaid-eligible consumers.

CDR is seeking a court hearing, to “clear our name,” said lawyers.

The county, in announcing the decision, accused CDR of neglect in its oversight of the program. CDR countered, saying many of the clients interviewed by the county and cited as examples, were actually happy with the level of service provided through CDR.

Matt Fusco, attorney for CDR, argued that the county, by announcing its decision in a press release, unjustly dragged CDR’s name through the mud.

“There is no basis to these wild allegations they have made against us,” said Fusco.

In January, CDR signed a one year contract with the county to continue providing service. County Human Services Commissioner Kelly Reed signed the contract, right around the time it began investigating allegations against CDR, according to Monroe County Attorney William Taylor. The contract, though signed, was never sent back to CDR, and thus is not binding, county attorneys argued.

“The bottom line, as far as the county is concerned, is any action we are taking is in the best interest of the clients CDR serves,” said Taylor.

Meantime, attorneys for the county say no CDR clients will be dropped from services, until the judge issues a decision. The county sent letters to clients, notifying them they would have until August 23 to choose a new provider. To date, about 160 of roughly 300 clients had done so.