Brooklyn, NY asked in Elder Law and Health Care Law for New York

Q: CDPAP, if PA's are independent contractors, why do FI's withhold taxes? CDPAPvs. Zucker,10/11/19, what was decided?

In the matter of CDPAPvs. Zucker,10/11/19

in layman's terms, what was decided?

Does this decision affect the status of the PA as an independent contractor vs. an employee?

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1 Lawyer Answer
Benjamin Z. Katz
Benjamin Z. Katz
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Answered
  • Estate Planning Lawyer
  • New York, NY
  • Licensed in New York

A: The court found that the Department of Health did not follow proper procedure in changing the way FIs are paid for services provided under CDPAP. Because they didn’t, the change was voided and they had to go back to the reimbursement method prior to 7/1/19.

This had nothing to do with the employment status of PAs.

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