Plain Language Summary of Proposed Class Action Settlement Agreement

PROPOSED CLASS ACTION SETTLEMENT
FITZMORRIS v. NH DEPARTMENT OF HEALTH AND HUMAN SERVICES
Plain Language Summary

A proposed settlement has been reached in a class action lawsuit involving New Hampshire’s Choices for Independence (CFI) Medicaid program.

Several CFI participants brough this lawsuit on behalf of themselves and other CFI participants who did not receive their authorized services. The CFI participants said that they did not receive services that the NH Department of Health and Human Services (DHHS) had approved for them. Without these services, they were at risk of having to move into a nursing facility.

Who is covered by the settlement?

You may be covered by the settlement if both of these statements are true:

• You are or were enrolled in the CFI program at any time 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.

What would the settlement do?

If the federal court approves the settlement agreement, DHHS will be required to make changes to help CFI participants receive the services that DHHS has authorized.

If the court approves the settlement, DHHS must:

• Regularly review whether there are enough CFI service providers and take steps to address service provider shortages.
• Review CFI reimbursement rates for services and seek increases as part of its budget process every two years.
• Quickly decide requests for higher payment rates (called “specialized rates”) when a CFI participant is having trouble finding an in-home support provider.
• Maintain an online provider directory of case management agencies and service providers. The directory will show which workers are available to provide services to CFI participants. CFI participants will eventually have access to this information as well, and it will be updated every month.
• Each month, identify CFI participants who received less than half of certain hands-on services, including personal care and skilled nursing, and then take steps to help those participants find the service providers that they need.
• Respond to complaints, also called grievances, when CFI participants are not receiving their authorized services.
• Tighten requirements for CFI participants to have backup plans for times when regular caregivers are not available.
• Hire and pay an independent consultant to help find out whether CFI participants are receiving their authorized services. If this information shows that there are not enough services providers, DHHS will take steps to increase reimbursement rates for CFI services.
• Report data to the independent consultant and the Plaintiffs’ lawyers in this case every 6 months. This data will show whether CFI participants are receiving their authorized services.
• Pay the Plaintiffs’ lawyers for their work on this case. DHHS will also pay yearly fees for the Plaintiffs’ lawyers’ work on overseeing the settlement agreement for the next four years.

The proposed settlement agreement also includes the following requirements and provisions:

• DHHS does not admit that it did anything wrong.
• The Court will oversee the settlement agreement for four years. DHHS will ask the New Hampshire Legislature to increase CFI payment rates as part of the budgetary process. If the Legislature does not approve those increases, the lawyers for the CFI participants may ask the Court to extend certain parts of the settlement for up to two more years.
• The Court can step in if DHHS does not follow the settlement agreement. The Plaintiffs’ lawyers must first try to resolve the problem with DHHS. If they cannot, they can ask the Court for help.
• People whose rights may be affected by the settlement agreement are called “class members.” Class members have the right to be notified about the proposed settlement. DHHS will send notices through NH EASY to people who receive notices that way. DHHS will mail notices to other class members.
• Class members have until December 7, 2026, to submit written objections to the Court if they disagree with the proposed settlement.
• The Court will hold a final hearing on January 21, 2027, at 2:00 P.M. Class members can attend the hearing and explain why they support or object to the settlement agreement.
• If the Court does not approve the proposed settlement agreement, the case will likely be scheduled to go to trial sometime in 2027. At trial, the judge would then need to decide if DHHS has violated the law. DHHS would defend against the claims.

Learn More

• Download the Proposed Class Action Settlement Agreement (PDF)
• Informational webinars about the proposed settlement will be held in November 2026. More information, including the notice to class members and the proposed settlement, is available on the CFI Information Website.

If you have questions about this proposed Class Action Settlement, you may contact Attorney Hannah Roberts of the Disability Rights Center-NH, (603) 410-5202 (hannahr@drcnh.org) or Attorney Ali Gennaro of New Hampshire Legal Assistance, (603) 206-258 (agennaro@nhla.org).