Legal · NH
Federal Trial Set for November on New Hampshire LTSS Program ADA Compliance
A federal judge has scheduled a November 2026 trial to determine whether New Hampshire's Choices for Independence program violates federal law by failing to provide adequate home and community-based services for elderly individuals and people with physical disabilities. The case centers on allegations that the state's LTSS program forces beneficiaries into institutional settings in violation of the Americans with Disabilities Act and the Supreme Court's Olmstead decision. The trial outcome could establish precedent for evaluating HCBS adequacy and state compliance with federal integration mandates. U.S. District Judge Paul Barbadoro will hear evidence on whether the program meets federal standards for community-based care.
Why it mattersA ruling against New Hampshire could set precedent for scrutinizing HCBS program adequacy in Medicaid managed LTSS contracts, potentially exposing MCOs to increased compliance requirements, network adequacy challenges, and litigation risk in states with similar LTSS delivery models.