ROCHESTER, N.Y. (WROC) —Hours away from the deadline for New Yorkers in the Medicaid-funded Consumer Directed Personal Assistance Program, or CDPAP, to switch over to the state-selected administrator -- called a fiscal intermediary -- new legal action is hoping to garner a temporary halt on the ov erhaul. Rochester's Independent Living Center has joined a class-action lawsuit, set to be heard before a federal judge in New York City Monday afternoon. The concerns are expansive. Bruce Darling, CEO of Regional Center for Independent Living, said, "So we're going to court tomorrow in New York City to fight for Medicaid beneficiaries whose services are being terminated without notice or due process by the state of New York." The 11th hour is now upon participants and their aide workers who are part of the Medicaid-funded CDPAP. State leaders with the Department of Health said last week, as of April 1, the only fiscal intermediary which will be paying out aide workers is the state-selected, Public Partnerships LLC, also known as PPL. Calls for federal Investigation into CDPAP transition This, down from the hundreds of fiscal intermediaries the multi-billion dollar program previously had structured. The rollout to try and get hundreds of thousands of participants switched over has been less than stable. Department of Health Commissioner James Mcdonald, recently announced a 'grace period' of 30 days to be granted to aide workers who transition after April 1, promising pay retroactively. Rochester's independent living centers, signed on to a class action lawsuit on behalf of Medicaid recipients, claiming this violates their rights under both Medicaid law and the 14th amendment for due process. Darling said, "They had a right to notice and due process. So we're hoping to get a temporary restraining order that will allow people to continue to get services, because if they don't get services, really bad things happen to them. They basically can get sick and die." Bonnie Lupo is a local nurse practitioner and owner of Pathways Foward Consulting, which helps connect patients to the wealth of services often needed, a focus of aging in place. She echoes what lawmakers and other CDPAP participants have told News 8 are concerns regarding the new, PPL, including long wait times for calls, no answers through the transition process, and an overall lack of crucial information. "There's many issues that you and I talked about. What's the cyber security? Is there information protected," Lupo said. "You know, you just want to make sure that the dots are connected from what I've heard and what I hear from my other colleagues, it's very clunky, and people just don't know where to get the information from." Darling and Lupo both tell News 8 the fallout of individuals receiving CDPAP services. In the event aide support is not able to continue working after the imminent deadline, recipients would default to visits to emergency rooms and hospitals, which are already strained with high demand. "No, there is no conversation in Albany, and we have been told repeatedly there is no appetite to do anything for this. Democrats have basically turned their back on the disabled people and the workers who are in this program, and we have serious questions about this grace period," Darling said. "If a worker is injured during the period they're volunteering, are they entitled to workers comp? What happens if, when they transition, they've been eligible for a paid family leave? Does the clock restart, or does their work history carry with them? They're very practical questions that have not been answered, and we've engaged the state delegation to say, hey, we need answers to these questions." In the most recent notice regarding the CDPAP transition process from the state Department of Health on Thursday, the agency broadly approximates 245,000 consumers to take action, in some capacity, ahead of the April 1 deadline. The court case is set to be heard late Monday afternoon. ...read more read less