Home care
New Hampshire settles class action over Medicaid home care that people weren't getting
A federal court gave preliminary approval to a settlement requiring New Hampshire to act when people in its Choices for Independence program don't receive the in-home care they were approved for, and to address provider shortages.
Key facts
- McKnight's Home Care reported on October 9 that a federal court that week granted preliminary approval of a class-action settlement in Fitzmorris v.
- New Hampshire Department of Health and Human Services.
- The agreement requires the state to make substantial changes to its in-home care program, which helps nearly 4,000 older adults and people with disabilities live in their communities.
What happened
McKnight's Home Care reported on October 9 that a federal court that week granted preliminary approval of a class-action settlement in Fitzmorris v. New Hampshire Department of Health and Human Services. The agreement requires the state to make substantial changes to its in-home care program, which helps nearly 4,000 older adults and people with disabilities live in their communities.
The state must act when participants do not receive the care DHHS authorized, help them find direct care providers and address shortages in its provider network, according to AARP. The lawsuit, filed in January 2021, challenged how the state ran its Medicaid Choices for Independence waiver. The named plaintiff said she hopes it helps her get services "like being able to get up out of bed in the morning."
What it means for families
Being approved for home care hours and actually getting them are two different things. When authorized hours go unfilled, families can document the gap and ask the program to act.
For example: if your mother is approved for 20 hours of help a week but an aide only comes for 10, write down the missed visits and tell her care manager in writing.
What this means in New York: if a Medicaid managed long-term care plan approves hours that aren't being staffed, you can ask the plan in writing to fix it and file a complaint if it doesn't.
Quick answers
What does the New Hampshire home care settlement require?
The state must act when participants do not receive the care DHHS authorized, help them find direct care providers and address shortages in its provider network, according to AARP. The lawsuit, filed in January 2021, challenged how the state ran its Medicaid Choices for Independence waiver. The named plaintiff said she hopes it helps her get services "like being able to get up out of bed in the morning."
What to do this week
- Compare the home care hours your relative was approved for with the hours actually provided.
- Report missed or short visits in writing to the care manager or health plan.
- If gaps continue, ask how to file a grievance or complaint.
Sources
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