December 9, 2013: Attorneys for the plaintiffs (individuals, families, guardians, Area Agencies) filed the final motion for Summary Judgment re: Step 2 Managed Care in Hillsborough Superior Court on Friday December 6. The State of NH response to this motion is due on January 6, 2014. The judge will likely decide the motion by late February or sometime in March. Click here to visit the CSNI web site to view the:

- Plaintiff's Motion for Summary Judgment

- Memorandum of Law in Support of the Plaintiff's Motion for Summary Judgment

 

Court Rules that Declaratory Judgment Action Will Proceed, Dismissal Not Granted

November 14, 2013— Hillsborough Superior Court North Judge Gillian Abramson ruled this morning that the Declaratory Judgment action filed by plaintiffs, including the Area Agency developmental services system and individuals with developmental disabilities and their families, will proceed and setDecember 6, 2013as the deadline for the plaintiffs’ summary judgment motion. The Declaratory Judgment action was filed by nine of the ten area agencies and a number of individual plaintiffs last summer. The State ofNew Hampshirerequested that this case be dismissed maintaining that long term services are not currently included in Managed Care and that the “Commissioner is taking into account stakeholder engagement.”  Click here to read the full story on the CSNI website.

Judge Abramson denied the state’s motion to dismiss and allowed the plaintiffs’ request to file a summary judgment motion by December 6. This decision is important since it gives the plaintiffs legal standing to challenge whether they are subject to Medicaid managed care for their long-term care services as the state moves forward with its plan.