A proposed settlement in a nearly six-year class action lawsuit over New Hampshire’s Choices for Independence Medicaid program is awaiting approval from U.S. District Judge Paul Barbadoro. The agreement was reached earlier this month, before the case was scheduled to go to trial in November.
Choices for Independence provides in-home care and other support to people with disabilities and older adults. The program is intended to help participants remain in their homes rather than move into nursing facilities. The state has acknowledged that institutional care would cost about three times as much as supporting people through the program, according to the New Hampshire Bulletin.
The lawsuit
A coalition of nonprofit organizations focused on disability rights and the rights of older people sued New Hampshire after years of what participants and advocates described as severe underinvestment in the program. The plaintiffs argued that inadequate funding placed people with disabilities at risk of being illegally institutionalized.
The case continued for almost six years and became a class action lawsuit. The proposed agreement must be reviewed and approved by Barbadoro before it can take effect. Members of the class have been able to examine the settlement while the court considers it.
“I’m really glad we got here. I probably would’ve said no if I realized it would’ve taken this long,” said Kathy Bates, a named plaintiff in the case.
Bates, who lives in Somersworth and has cerebral palsy, has participated in the lawsuit from its earliest days as a representative of the class. She said the settlement brought relief after the lengthy litigation.
Participants weigh the agreement
People who use Choices for Independence have had different reactions to the proposed resolution. Bates said she was elated when she learned that the state and the plaintiffs’ attorneys had reached an agreement. Jim and Pat Piet expressed skepticism that the settlement by itself would correct the program’s problems and raised concerns about possible effects on other services.
Dan Hebert described himself as cautiously optimistic. He sees potential benefits in the agreement but also identified possible pitfalls, according to the New Hampshire Bulletin.
- Case status: Settlement reached; federal court approval is pending.
- Parties: A coalition of disability- and elderly-rights nonprofits and the state of New Hampshire.
- Program: Choices for Independence, which provides in-home Medicaid services and supports.
The plaintiffs are represented by the AARP Foundation, the Disability Rights Center of New Hampshire and New Hampshire Legal Assistance. The settlement was reached before the planned trial, but the case remains before the federal court until Barbadoro decides whether to approve the agreement.
