|
April 10, 2025
CDPAP SFI -- LITIGATION ALERT -- 4/10/25
PRELIMINARY INJUNCTION GRANTED
Since the last HCANYS Alert on the SFI Transition, the federal judge in the Engesser v. DOH Commissioner James McDonald case has in fact issued a preliminary injunction (PI) in favor of the Plaintiffs in the case.
HCANYS is still reviewing the PI and will report more detail in the coming days. However, preliminarily it appears that consumers will now have until May 15 to complete registration with PPL and personal assistants (PAs) will have until June 6 to complete PPL registration. With respect to the ability of consumers to use their existing FI, the rules will vary depending on the factual circumstances. The Order does contain a fair number of intricacies and nuances but, in general, there are three different categories of consumers (each with their own specific rules):
- The “Category A” group relates to consumers that are fully registered with PPL that have PAs that are fully onboarded with PPL. For these consumers, PAs are to work with PPL.
- The “Category B” group relates to consumers that are fully registered with PPL that have PAs that are not fully onboarded with PPL. For these consumers, there is some flexibility for the consumer to use their prior FI.
- The “Category C” group relates to consumers that are not fully registered with PPL. For these consumers, there is also some flexibility for the consumer to use their prior FI.
The specific rules for each Category vary and can be a bit cumbersome and difficult to navigate given the various stakeholders involved (consumer, PA, Prior FI, Plan, PPL). However, DOH has already started to brief stakeholders on the implications of the PI and likely steps moving forward. HCANYS anticipates that DOH will provide further guidance in the coming days and HCANYS will report on these developments as they become known.
In the meantime, a number of news outlets have reported on the litigation and additional details can be found here:
Spectrum News
Politico (sub req’d)
City & State
Crains (sub req’d):
HCANYS continues to monitor these developments and will provide updated information as it becomes available.
|
