Proposed Class Action Settlement Agreement: Fitzmorris v. DHHS (CFI Waiver Program)

A: A class action lawsuit is a lawsuit that was filed to help a group of people with the same type of problem. It helps all class members — not just the few people named in the court documents.

In the Fitzmorris case, the class includes people enrolled in the Choices for Independence (CFI) Waiver program who were approved for Medicaid home health services but did not receive those authorized services, putting them at risk of moving into a nursing home.

A: The Fitzmorris case challenged how people on the Choices for Independence program do not get the CFI services that the New Hampshire Department of Health and Human Services (DHHS) authorized/authorizes for them.

• The Fitzmorris case does not decide whether someone is eligible for CFI. If you have questions about your eligibility for Choices for Independence, contact your nearest Aging & Disability Resource Center. The toll-free line is 1-866-634-9412 (Monday through Friday, 8:30 AM – 4:30 PM and your call will go to a local office based on your phone number or location.
• The Fitzmorris case does not decide whether the CFI program authorized the right or enough services to help you stay in your home. If you believe the wrong services were approved or not enough services were approved, or you have another problem with the CFI program, contact your CFI case manager or file a CFI grievance.

A: A proposed class action settlement is an agreement to end a class action lawsuit without a trial. The Court must approve the settlement agreement before it can take effect. If approved by the court, the settlement agreement would resolve the class action lawsuit without a trial.

• The settlement agreement explains what each side has agreed to do in order to settle the case.
• The settlement agreement needs to be approved by a court before it becomes final.
• Review the proposed Class Action Settlement Agreement in Fitzmorris v. DHHS. A plain language summary of the proposed settlement is also available.

A: The proposed Class Action Settlement Agreement applies to you if you are or were enrolled in the CFI program at any point since January 11, 2021 and you were at risk of having to move into a nursing home because you did not receive the CFI services that DHHS had authorized for you.

A: If the Court does not approve the proposed Class Action Settlement Agreement, the case will likely go to trial sometime in 2027. At trial, the judge would decide if the Defendants have violated the law.

A: The proposed Class Action Settlement Agreement will allow for changes to be made to the CFI program much more quickly than if we continued to litigate this case.

A: At a fairness hearing, the judge decides whether the proposed Class Action Settlement Agreement is “fair, reasonable, and adequate.”

To make this decision, the judge will consider several things, including whether:

• Both sides negotiated the proposed Class Action Settlement Agreement fairly and without improper pressure.
• The people who brought the lawsuit (the named plaintiffs) and their attorneys represented the interests of all class members.
• The proposed settlement treats class members equally and fairly.
• The benefits of the proposed settlement outweigh the risks of going to trial.
• The changes DHHS must make under the proposed Class Action Settlement Agreement will address the issues raised in the lawsuit.
• The fees and costs paid to attorneys are reasonable and reflect the time they spent working on this case.

A: Attorneys for both sides will explain why they believe the judge should approve the proposed Class Action Settlement Agreement. The judge may ask how the agreement could affect CFI participants, how the parties reached the agreement, and any other questions that the judge has about the proposed settlement terms.

Class members who are in the courtroom will be allowed to provide their thoughts on the proposed Class Action Settlement Agreement, and the judge may ask follow-up questions.

A: You can review the proposed Class Action Settlement Agreement and think about how it will impact your CFI services. A plain language summary of the proposed settlement is also available.

A: No. Court staff will direct visitors to the public seating area behind the lawyers and court staff. Accessible seating is also available. Visit our Hearing Information and Logistics page for more details.

A: Yes. Class members may speak at the fairness hearing to support or object to the proposed Class Action Settlement Agreement. Everyone in the courtroom will be able to hear you and the Court will record your statement You will not have an opportunity to speak privately with the judge. You may read a prepared statement or speak in your own words. The judge may ask you follow-up questions after you speak.

A: The Federal Court rules allow only class members to support or object to a proposed settlement agreement at a fairness hearing. However, the judge decides how to run the fairness hearing and may choose to hear from non-class members as well.

A: It is hard to determine how long the fairness hearing will last. You do NOT have to stay for the full hearing. You should arrive on time and then you can leave early if necessary. Arriving late may be allowed, but it can be disruptive.

A: There’s no way to know when the judge will make his decision. The judge may make his final decision at any point after the fairness hearing.

The two Plaintiffs’ lawyers below are part of the legal team representing the named plaintiffs and are available to answer your questions:

Hannah Roberts, Disability Rights Center-NH

• Phone: (603) 410-5202
• Email: hannahr@drcnh.org

Ali Gennaro, New Hampshire Legal Assistance

• Phone: 603-206-2258
• Email: agennaro@nhla.org