Home Health & Hospice Week

Industry Notes:

Suit: NH Residents Need Home Care

A new lawsuit aims to get New Hampshire residents out of institutions and into home care.

The suit, filed in federal court Jan. 11 by New Hampshire Legal Assistance, Disability Rights Center — New Hampshire, AARP Foundation, and the Manchester office of law firm Nixon Peabody, names the New Hampshire Department of Health & Human Services (NHDHHS) Commissioner Lori Shibinette and NHDHHS as defendants and seeks to compel them to operate New Hampshire’s Choices for Independence waiver program in accordance with the Americans with Disabilities Act, reports the Concord Monitor newspaper.

The case, which uses the U.S. Supreme Court’s Olmstead decision in its arguments, is particularly urgent during the pandemic with the risk of COVID-19 being transmitted in institutions, noted Nixon Peabody attorney Kierstan Schultz in the Monitor.

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