A judge in Hillsborough County Superior Court will conduct a hearing and rule on DHHS’s request for dismissal of the complaint filed by individuals and families re: Step 2 of Medicaid managed care. The hearing is scheduled for Thursday, November 14 starting at 9:00 a.m. at the Hillsborough County Superior Court North, at 300 Chesnut Street in Manchester. Please plan to arrive early, by 8:15 or 8:30 a.m., so that you have time to get through metal detectors at the Court - the hearing starts promptly at 9:00 a.m.  Click here for map.

Click here to go to the CSNI website to read more about the Complaint filed and subsequent news.

Click here to go to New Hampshire Challenge website to read latest issue which includes several pieces on this and other topics of possible interest to families.

Stu Wallace, one of the plaintiffs who is a family member and guardian, discussed why he is involved in the complaint.  When managed care was introduced as an option by the legislature, he didn’t think that DD would be in any way affected. The law seemed to be about acute health care for those using Medicaid. Wallace says that the current DD care system was put together by families and individuals, and this is not what the bill was about. The plaintiffs feel the commissioner and the state have exceeded their authority by including DD in this current plan, as Step 2. According to Wallace, they have expanded the law beyond its original intent – which is NOT something that state agencies should to – that belongs with courts and legislators. It’s not a question of wrong or right; it is a question of an agency or commission exceeding its authority.

At last month’s Statewide Video Conference, plaintiffs and attorneys gathered with more than 100 families from across the state for an update on the complaint. At that meeting, attorneys told the group that the Attorney General’s office replied in September with a request for dismissal saying: “Until it is known what the State has decided to do about DD/ABD/long-term care, interpretation of the statute is not ripe for judicial review.” At the November 14th hearing, the judge will hear from both sides and decide whether to further consider the original complaint against DHHS.

A solid representation from families and individuals at the hearing would help show the Judge the impact of including people with developmental disabilities and acquired brain disorders in managed care. The hearing takes place on Thursday, November 14 starting at 9:00 a.m. at the Hillsborough County Superior Court North, at 300 Chesnut Street in Manchester.

Click here to read a copy of the actual complaint filed.