Why New York Seniors Need To Understand Their Home Care Rights More Than Ever

With a rapidly growing senior population, navigating the complex world of home care in New York has become increasingly difficult for many seniors and their families – especially when it comes to knowing their rights, what Medicaid funded programs are available, and what responsibilities fall to the home care agencies they work with. With all this going on, understanding their home care rights in New York State is becoming more important by the day to make sure seniors get the best quality, safest, most respectful care they deserve, at home.

According to data from New York State, nearly 1.4 million people currently rely on some type of home care; that number will likely continue to grow as more seniors decide to stay in their homes instead of moving to nursing homes or other long term care facilities. By knowing your rights you can help protect the quality of care and peace of mind you want for yourself and your loved ones.

Right to Get Care At Home

New York seniors have the right to receive care in the least restrictive way possible; for many seniors, that means receiving care in their own home. Research shows that over 90 percent of older adults would like to age at home rather than move to an assisted living facility or nursing home.

Home care can include:

  • Personal care (showering, dressing, walking assistance)
  • Companionship and supervision
  • Preparation of meals and light housekeeping
  • Reminders of medication and general health monitoring

A key element of a care plan is that it is person-centered, meaning each service is tailored to meet each individual’s specific needs, not everyone receives the same services.

Eligibility For Medicaid Funded Home Care Services

Medicaid plays a significant role in financing home care services in New York. It is estimated that over 70 percent of all home care services in New York are financed through Medicaid.

Important Medicaid rights include:

  • The right to be assessed for home care eligibility
  • The right to receive services after an approval of home care services
  • The right to appeal if home care services are reduced or denied
  • The right to select a Medicaid-approved home care agency

Importantly, families should understand that home care hours are determined by a senior’s medical and functional needs – not by the availability of home care agencies.

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How CDPAP Works (Consumer Directed Personal Assistance Program)

CDPAP is a New York State program designed to give seniors more control over their care. Through CDPAP, eligible seniors can:

  1. Select their own caregiver (such as a family member or friend) to provide care
  2. Control how and when care is provided
  3. Maintain their independence and still receive Medicaid-funded assistance

Recent New York State reports indicate that over 250,000 New Yorkers utilize CDPAP, making it one of the largest home care options available to New York State residents.

Duties Of Licensed Home Care Agencies

All licensed home care agencies in New York have specific legal obligations. These obligations include:

  • Hiring caregivers who have been properly trained and have undergone thorough background checks
  • Following a care plan that was developed by a qualified professional
  • Respecting the rights and privacy of patients
  • Providing adequate communication with families
  • Promptly addressing concerns or complaints of families

Home care agencies are required to operate under regulations established by the New York State Department of Health, which provides additional protections for seniors.

Family Rights And Advocacy

Families also have important rights, including:

  • Having access to care plans and updates about their loved ones’ care
  • Being able to report any problems or concerns regarding care without fear of retaliation
  • Being included in decision-making related to the care of their loved ones
  • Requesting a reevaluation of care needs if those needs change

Studies have shown that families who actively participate in the planning process for their loved ones’ care experience better outcomes and greater satisfaction with home care services.

What The Future Holds (2026)

As policies continue to evolve and the demand for home care continues to increase, having knowledge of home care rights is the greatest defense. Having knowledge of home care rights will enable families to plan ahead, avoid making decisions during crises and provide consistency and dignity to the care received by seniors.

At Angel Care Inc. Brooklyn, we believe quality home care begins with transparency, trust and education. We support our clients and their families in learning about Medicaid, CDPAP and the obligations of home care agencies, so that they can confidently advocate for themselves and their loved ones to receive the highest level of care possible.