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Grafton Superior Court Judge Denies Littleton Regional Healthcare's Injunction

NHPR File

A Grafton Superior Court judge has denied Littleton Regional Healthcare's request for an injunction related to the opening of a private urgent care facility in town.

Littleton filed the injunction in October against the Department of Health and Human Services, after its commissioner ruled there wouldn't be an adverse effect on essential health services to the Critical Access Hospital if a ConvenientMD Urgent Care clinic opened less than three miles away.

Judge Lawrence MacLeod, Jr., said he did not have jurisdiction over the case.

He cited RSA 151:4, which governs these types of applications and outlines that, if a party objects to the Commissioner's ruling, it needs to request a hearing, and then appeal to the state's Supreme Court.

Littleton argued in court last week that it would lose about $3 million a year if ConvenientMD opened.

But Judge MacLeod wrote that Littleton didn't demonstrate a likelihood there would be serious and immediate harm if the court didn't grant the injunction. 

In a statement Thursday afternoon, Littleton’s CEO Bob Nutter said, “We strongly believe the Department misinterpreted and misapplied an important state law designed to protect Critical Access Hospitals like Littleton Regional Healthcare from harmful competition within a 15-mile radius.”  

ConvenientMD received its license from DHHS last Wednesday and has started seeing patients.

Read the judge's ruling below. 

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I help guide NHPR’s bilingual journalism and our climate/environment journalism in an effort to fill these reporting gaps in New Hampshire. I work with our journalists to tell stories that inform, celebrate and empower Latino/a/x community members in the state through our WhatsApp news service ¿Que Hay de Nuevo, New Hampshire? as well as NHPR’s digital platforms in Spanish and English. For our By Degrees climate coverage, I work with reporters and producers to tell stories that take audience members to the places and people grappling with and responding to climate change, while explaining the forces both driving and limiting New Hampshire’s efforts to respond to this crisis.
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