A class action lawsuit against New Hampshire’s Department of Health and Human Services over its management of a Medicaid-funded program is headed to trial, following a ruling by U.S. District Court Judge Paul Barbadoro.
Medicaid recipients, along with the AARP Foundation, the Disability Rights Center-New Hampshire, New Hampshire Legal Assistance, and the firm Nixon Peabody, sued the state Department of Health and Human Services in 2021 over how it administers the Choices for Independence program, which helps the elderly and people with disabilities live at home. They allege that poor management of the program has put them at risk of being unnecessarily institutionalized.
The two plaintiffs argue that the state is violating the Americans with Disabilities Act. The case became a class-action lawsuit in 2023.
At a hearing in October, in which plaintiffs and the state filed competing motions for a summary judgment, the state argued that the plaintiffs couldn’t demonstrate wide-spread risk of institutionalization, and that the state was meeting its legal obligations.
In his ruling last week, Barbadoro said that there were too many facts in dispute, and expects a trial date to be scheduled soon.
Kelly Bagby, a lawyer for the plaintiffs, said that while they would have preferred if the judge ruled in favor of their summary judgement, they are preparing to go to trial.
“Our clients have suffered or constantly are suffering, at risk of being forced into institutions where they don't want to be,” Bagby said.
Participants in the Choices for Independence program can qualify for assistance with things like getting help taking showers, receiving mail, and administering medication. The plaintiffs have argued that poor administration of the program has led some participants to miss therapies, suffer injuries and experience hardships.
A spokesperson for the state said that they are preparing for trial.
