Emily Fitzmorris v. Commissioner, Department of Health and Human Services Settlement

Concord, NH - Attorney General John M. Formella and Department of Health and Human Services Commissioner Lori A. Weaver announce the settlement of the class action lawsuit Emily Fitzmorris v. Commissioner, Department of Health and Human Services, 1:21-cv-00025-PB.

The settlement includes additional measures by DHHS to strengthen oversight and accountability for services provided through the Choices for Independence (CFI) Medicaid waiver, including monitoring service delivery and identifying and addressing significant service gaps.

CFI provides home and community-based services to older adults and adults with physical disabilities who meet nursing facility level-of-care requirements and choose to live in their homes and communities. DHHS has continued to work with CFI participants, families, providers, the Legislature, and other stakeholders to strengthen the program and improve access to services throughout this litigation.

"Older adults and people with disabilities deserve access to the services they need to live safely and independently in their homes and communities," said Attorney General Formella. "This settlement strengthens accountability and oversight of the Choices for Independence program and provides a framework to address service gaps. The Department of Justice will continue working with DHHS and our partners to support implementation."

"New Hampshire is committed to ensuring that older adults and people with disabilities have meaningful options to live and receive services in their homes and communities," said Commissioner Weaver. "This settlement provides an opportunity to strengthen oversight of the Choices for Independence program, better identify and respond to service gaps, and continue working with participants, families, providers, and other stakeholders to improve access to needed services."

The settlement builds on DHHS's ongoing efforts to strengthen the CFI program and aligns with the Department's 2025-2027 Roadmap.pdf and New Hampshire's System of Care for Healthy Aging.pdf . DHHS remains committed to working collaboratively with participants, families, providers, and other stakeholders to strengthen CFI services and support access to home and community-based care.