The Center for Disability Rights (CDR) commends Senator Gustavo Rivera (D-Bronx) for his support of the Consumer Directed Personal Assistance Program (CDPAP) and for introducing S.9901, which would establish a licensing system for CDPAP fiscal intermediaries and provide a viable alternative to Governor Kathy Hochul’s attack on CDPAP and the Disability Community.

“We are thrilled that the Senator is taking action to support the program and the non-profit organizations run by Disabled people in our state who administer it,” said Bruce Darling, President/CEO of the Center for Disability Rights who was also the principal author of the 1993 CDR report that was used to establish CDPAP as a statewide program.

The FY25 state budget authorized a proposal – advanced by SEIU – that would eliminate every CDPAP fiscal intermediary in the state and contract with an out-of-state corporation to serve as the sole statewide fiscal intermediary. Although Independent Living Centers – the only network of disability-led non-profit organizations in the state – were successful in securing language that would maintain their role as fiscal intermediaries, post-budget statutory changes eliminated the safe harbor language.

“It was a slap in the face,” said Darling. “CDR is deeply disappointed in the members of our state delegation who voted to approve those changes. When we met with them, they told us they supported us. After CDR issued a paper praising the safe harbor language, they used it as a blueprint to eliminate us from the system.”

The Hochul/SEIU plan eliminates reputable non-profit organizations like the Center for Disability Rights and other Independent Living Centers (ILCs). It authorizes the state to establish a multibillion-dollar contract with an out-of-state corporation while bypassing even the most basic contractual review by the NYS Attorney General. Most recently, Governor Hochul has referred to CDPAP FIs as “middlemen and middlewomen,” implying that these organizations don’t play a significant role and just siphon off money.

“That’s wildly offensive and absolutely untrue. Either Governor Hochul is demonstrating her complete ignorance of how the program works or is deliberately villainizing our network of disability-led non-profit organizations,” said Tammy Papperman, Vice President of CDPAS at CDR. “Our staff provide direct support for consumers and work with people who have significant disabilities so they can remain in the community rather than be institutionalized. We are a vital component of the system.”

Although Governor Hochul claims to be protecting the Disabled people who use the program, her administration is well aware of the negative impact that this plan will have on Disabled people. The Center for Disability Rights provided detailed information about the impact of a similar attack by Monroe County Executive Maggie Brooks in 2010. After CDR had filed complaints with the US Health and Human Services Office for Civil Rights against Monroe County because the county was violating the rights of Disabled people, the county issued a letter with vague allegations and announced it was terminating CDR’s contract as a fiscal intermediary. CDR consumers were forced to move their services to one of five for-profit organizations. In the months that followed the change, Disabled individuals who CDR had successfully supported in the community lost their attendants, and some were forced into needless and unwanted institutionalization.

“For us, the program has always been about our mission. We established this program because people with significant disabilities wanted control over their lives. We utilized this program to get people out of institutions. Others just want to cash in on it,” said Darling. “In 2010, the Republican County Executive took our contract and gave it to five for-profits. Now Governor Hochul is doing the same thing. It seems like everyone, including SEIU want to cash in on this program while leaving Disabled people behind as collateral damage. We won’t be silent. We are fighting for our program, our freedom, and our lives.”

Senator Rivera’s legislation offers an alternative while still addressing the concerns Governor Hochul has raised about the program. Licensing would empower NYS DOH to manage the program better, and the reporting criteria would give the state the tools it needs to monitor it. Additionally, FIs would be prohibited from advertising, which has been blamed for the program’s exponential growth. This bill is also responsive to SEIU’s interest in organizing the labor force. By establishing a registry for personal assistants, SEIU would have access to the information needed to organize this workforce.

“We can meet the needs of organized labor without sacrificing some of the most vulnerable members of the Disability Community and our organizations. Senator Rivera’s legislation gives us a path forward together. It’s now up to the Governor and SEIU to do the right thing,” said Max Rodriguez, Manager of Government Affairs.