Fitzmorris et al. v. NHDHHS et al.

Case Summary:

This class action lawsuit seeks to address the State’s failure to administer its Choices for Independence Medicaid home and community-based waiver program (CFI Waiver Program) in a manner that allows its participants to safely live at home rather than being forced into institutional settings such as nursing facilities.

Litigation Team: 

Nixon Peabody,  Disability Rights Center – NH, New Hampshire Legal Assistance, and AARP Foundation

Case Timeline and Related Documents

January 11, 2021: Lawsuit Filed

• This class action lawsuit names the New Hampshire Department of Health & Human Services (NHDHHS) Commissioner Lori Weaver and NHDHHS as defendants and seeks to compel them to operate New Hampshire’s CFI Waiver Program in accordance with the Americans with Disabilities Act, Section 504 of the Rehabilitation Act of 1973, the Medicaid Act, and due process provisions of the Constitution of the United States.
• Link to Complaint
• View Press Release (Jan 11, 2021)

November 18, 2021: Lawsuit Survives Motion to Dismiss

• The U.S. District Court for the District of New Hampshire rejected the State’s attempt to dismiss the case, allowing the named plaintiffs to pursue their claims under the Americans with Disabilities Act, Section 504 of the Rehabilitation Act of 1973, the Medicaid Act, and due process provisions of the U.S. Constitution.
• Link to the Court’s decision
• View press release (Nov 29, 2021)

November 27, 2023: Court Grants Class Certification

• The U.S. District Court for the District of New Hampshire granted class certification allowing the case to proceed as a class action.
• Link to class certification
• View Press Release (Nov 28, 2023)

February 21, 2024: State’s Appeal of Class Certification Is Rejected

• The United States Court of Appeals for the First Circuit rejected the State’s appeal request—allowing the lawsuit to proceed as a class action.
• Link to Court’s decision
• View Press Release (Feb 22, 2024)