New Hampshire Department of Health and Human Services

Settlement regarding the administration of New Hampshire's Medicaid home- and community-based services (HCBS) program, specifically the Choices for Independence (CFI) waiver program.

A federal court has granted preliminary approval to a class-action settlement in the Fitzmorris v. New Hampshire Department of Health and Human Services case. This settlement requires New Hampshire to implement significant changes to its Medicaid home- and community-based services (HCBS) program, which assists approximately 4,000 older adults and individuals with disabilities. Key provisions include addressing failures to provide authorized care, assisting participants in finding direct care providers, and mitigating shortages within the home care provider network. The lawsuit, filed in January 2021, challenged the administration of the Choices for Independence (CFI) waiver program, alleging violations of the Americans with Disabilities Act and the Olmstead decision due to inadequate provision of in-home services.

• Older adults and people with disabilities in New Hampshire who are participants in the Medicaid home- and community-based services (HCBS) program.
• Individuals who have experienced failures in receiving authorized in-home services.
• Exact eligibility criteria will be detailed when the claim process opens.