April 24, 2015
On April 16, 2015 Judge Gillian Abrahamson of the Hillsborough County Superior Court held a hearing on all pending motions in this case. The plaintiffs were represented by Attorneys Tom Quarles, John MacIntosh and Josh Wyatt. Many of the plaintiffs were present at the hearing with representation from almost all of the area agency regions in the state. Tom Quarles gave the plaintiffs presentation. He reviewed the entire history of this lawsuit which has been pending since August 2013. We are simply seeking the Court’s review and interpretation of the 2011 Medicaid managed care statute and whether it was intended to apply to non-mandatory or “waivered” Medicaid services. We say it was not and thus the developmentally disabled and acquired brain disorders populations cannot be forced into Medicaid managed care for their long-term care services and supports that the area agencies either provide to these populations directly or oversee.
The State and HHS obviously disagree and so far have successfully prevented the Court from making the statutory interpretation that we request, by raising sovereign immunity and standing defenses. Most of the pending pleadings concern standing. The judge asked only a few questions and we could not get a read on what decision she may make. Whatever it is, we should have that decision within 60 days. If we are sucessful, there is little doubt that the State will appeal that decision to the NH Supreme Court, which will take about a year to consider the appeal and give us a final decision.
Thomas Quarles, Jr.
Member, Board of Directors
Devine, Millimet & Branch, P.A.
111 Amherst Street
Manchester, NH 03101
August 13, 2014
Wallace and CSNI v. State of NH
The document attached is our filing today that responds to the State’s Motions to strike and dismiss our new counts and repeats their arguments why they feel they should win this case. Our filing here refutes their arguments.
In addition we “ move for summary judgment “ a second time to formally ask the Court to find in our favor on any one of the three new counts we have plead in response to the Court’s order requesting that we amend our complaint. The State is entitled to 30 days to file their objection to our new summary judgment motion here.
If the case is ready for the judge to decide after the State’s Objection is filed in early September, we still should have the judge’s decision by the end of the year.
February 14, 2014
The Final Motion for Summary Judgment filling with the Court was made on Friday December 6, 2013. The State response is due on January 6, 2014. The judge will probably decide the motion by late February or sometime in March. Click on the motions below for additional information.
Plaintiffs’ Memo of Law ISO Motion for Summary Judgment (M2508661)______________________________________________________________
Motion to Dismiss
The Court held a hearing on November 14, 2013. Upon consideration of the parties’ pleadings, arguments, and the applicable law, the respondents’ motion to dismiss is DENIED.
Please see attachment CSNI-MOTION
Judge maintains suit brought by disabled NH residents | New Hampshire Health
November 14, 2013
October 15, 2013
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People Can’t Wait Advocacy
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Why: We are concerned with the advent of managed care companies (MCOs) to manage Medicaid funds in our State, especially as they relate to long-term supports and services to people with developmental disabilities (DD). It is particularly concerning since the MCOs lack experience for services to people with DD. Even so, Step one of managed care is rolling out for acute care starting in December of 2013 which will affect our DD community. Step two which includes funding long term supports for people with DD, will direct the State’s Medicaid dollars to the MCOs making the future of the Area Agencies uncertain and creating a profit margin for the insurance companies. We support the continued funding by the State of the Area Agencies, a system that has worked well to provide high quality services to the DD population for thirty years.
We are asking for your support to help us continue to strengthen our current AA system.
Who: Community Support Network, Inc. (CSNI) works collaboratively with New Hampshire’s not-for-profit Area Agencies for developmental services, people with developmental disabilities (DD), their families, and other active stakeholders to ensure that quality, community based supports and services are delivered by locally governed Area Agency Boards. The Area Agencies, consumers, and families are united, under the principle “Nothing about Us without Us,” to ensure that system changes are driven from the “bottom up” and are reflective of individual and family goals.
What: The People Can’t Wait Advocacy Fund, established by a representative group of advocates with support from CSNI, will help fund the following:
Complaint Filed Against State of New Hampshire to
Clarify Reach of Its Medicaid Managed Care Program
August 8, 2013
MANCHESTER, NH – Devine Millimet today announced that it has filed a declaratory judgment action in the Hillsborough County Superior Court seeking a ruling that the State’s Department of Health and Human Services (DHHS) current efforts to develop a managed care program for Medicaid services should not include long-term care services for people with developmental disabilities or acquired brain disorders served by New Hampshire’s developmental services system.
The case, captioned R. Stuart Wallace and Ethan Wallace et al., Plaintiffs, v. State of New Hampshire and the New Hampshire Department of Health and Human Services, Defendants, was filed by attorneys Thomas Quarles, Esq. and John D. MacIntosh, Esq. The plaintiffs are led by numerous individuals and family members served by the 10 Area Agencies in the state that currently provide Medicaid-funded residential services and long term care for the developmentally disabled and individuals with acquired brain disorders.
Senate Bill 147-FN (Chapter 125, Laws of 2011) set up a capitation-based managed care program for the provision of Medicaid services to certain parts of the Medicaid population in New Hampshire. The scope of this law was limited to specific Medicaid programs and populations, including all mandatory Medicaid programs. The long-term care services provided by the Area Agencies are not named in the law and are not mandatory Medicaid services. Therefore, the State’s new Medicaid managed care program does not apply to long term care services for the developmentally-disabled or those with acquired brain injuries. The Complaint also seeks a judicial determination that none of the individual plaintiffs are required to participate in managed care programs for these services and that none of the Area Agencies are required to enter into contracts for the provision of long-term managed care services to their Medicaid populations with the three separate managed care organizations that the State Department of Health and Human Services has contracted with to put the Medicaid managed care program into effect.
The first phase of the State’s Medicaid managed care program for acute care services was supposed to be operating by July 1, 2012. That phase is still in the planning stages and will not be operational until December 1, 2013 at the earliest. Medicaid managed care for long term care services is the second phase of the program and cannot start for at least one year after the start of the first phase. Because of this delay, the plaintiffs have sought a declaratory judgment rather than an injunction, which if successful, will have the same effect as an injunction against the State.
Established in 1947, Devine Millimet has grown to its present status as one of the largest business and litigation law firms north of Boston with offices strategically located in Manchester and Concord, New Hampshire. For more information about Devine Millimet, visit www.devinemillimet.com
Click here to read the declaratory judgment