Preliminary Settlement to Expand Access to Home Care in New Hampshire

AARP Foundation helps secure reforms so older adults and people with disabilities can receive the care they need to live safely at home.

Man and his wife

Nearly 4,000 older adults and people with disabilities in New Hampshire are one step closer to a major legal victory that will help them to access the in-home care they were promised and need to remain safely at home.

On October 6, 2026, a federal court preliminarily approved a settlement in Fitzmorris v. New Hampshire Department of Health and Human Services. The agreement requires the state to make substantial changes to ensure participants in its Medicaid-funded Choices for Independence (CFI) waiver program actually receive the lifesaving home care services they have been authorized to receive.

For people who rely on assistance with everyday activities such as getting out of bed, bathing, dressing, or preparing meals, these services can mean the difference between remaining at home and being forced into institutional care.

“Without those services I cannot live in my home with my son,” said named plaintiff Emily Fitzmorris.

 

A Win for People Who Want to Remain in Their Communities

AARP research consistently shows that the majority of older adults want to remain in their homes and communities as they age. Yet for many New Hampshire residents enrolled in the CFI program, authorized care frequently didn’t arrive.

The lawsuit challenged a system in which hundreds of participants each month received less than half of their authorized hands-on care. As a result, many faced increased health risks and the prospect of being forced into nursing facilities to receive the care they need. The lawsuit contended that these failures violated the Americans with Disabilities Act.

 

What the Settlement Will Do

The settlement requires New Hampshire to implement reforms designed to help participants receive their authorized services. Among other things, the state must:

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  • Identify participants who are not receiving their authorized services and help connect them with home care providers
  • Review the adequacy of its home care provider network every year and seek payment rate increases
  • Respond within three days when a CFI participant or its case management agency cannot find a provider
  • Maintain an online directory of available providers who are open to taking new clients
  • Report publicly on its progress every six months

The agreement will remain in effect for at least four years, creating accountability and helping ensure that approved services are delivered.

The class is represented by AARP Foundation, Nixon Peabody, New Hampshire Legal Assistance, and Disability Rights Center–New Hampshire.

The next step is for the state to notify the class about the settlement. In January 2027, the court will hold a hearing before deciding to grant final approval of the settlement.

 

Why This Victory Matters

The impact of this case reaches far beyond New Hampshire. States across the country operate home- and community-based care programs similar to the CFI program. The proposed settlement reinforces a simple but critical principle: Authorizing care is not enough. Older adults and people with disabilities must receive the services they need to live independently and safely in their communities. When a state fails to ensure that the authorized services are actually delivered, it violates the ADA by unnecessarily exposing the person with a disability to injury and unjustified institutionalization.

Through impact litigation like the Fitzmorris case, AARP Foundation continues its work to protect the rights of older adults to have access to the services that make independent living possible.

FAQs

A: It is a lawsuit on behalf of nearly 4,000 older adults and people with disabilities enrolled in New Hampshire’s Medicaid-funded Choices for Independence (CFI) waiver program. The lawsuit contended that the state violated the Americans with Disabilities Act because many participants did not receive the in-home care they had been authorized to receive.

A: Among other things, the state must identify participants who are not receiving their authorized services and help connect them with providers, review its provider network every year and seek payment rate increases, respond within three days when a provider cannot be found, maintain an online directory of available providers, and report publicly on its progress every six months.

A: The agreement will remain in effect for at least four years.

A: The state will notify the class about the settlement. In January 2027, the court will hold a hearing before deciding whether to grant final approval.

A: Settlement information and webinar details are available at cfi.drcnh.org.

 

Learn More

You can find settlement information and webinar details at cfi.drcnh.org.

Learn how AARP Foundation attorneys are fighting for the rights of older adults and giving older people a voice in the nation’s courts.

Read the latest news on how AARP Foundation’s legal advocacy work is defending the rights of older adults.

Fighting for You in the Courts

See how AARP Foundation attorneys fight in court every day for the rights of workers and people 50 and older.

Learn About Legal Advocacy

Fighting for You in the Courts

See how AARP Foundation attorneys fight in court every day for the rights of workers and people 50 and older.

Learn About Legal Advocacy