New Hampshire Settled Lawsuit Over Care Program

The state agreed to reform its at-home disability care system following a class action lawsuit.

Updated on Oct. 6, 2026 in Special Needs

Isometric editorial illustration of brass door hinges on a wooden frame, symbolizing improved access to disability care services. — New Hampshire health officials finalized a class action settlement to overhaul the state's Choices for Independence disability care program over four years. AI Illustration. Upload story photo >

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New Hampshire health officials reached a settlement in a class action lawsuit concerning the state’s Choices for Independence program. The agreement mandates significant programmatic reforms over the next four years to address unmet service needs for thousands of participants.

Why it matters

The lawsuit alleged that state administration left many residents with disabilities without essential daily living support. By settling, the state aims to rectify caregiver shortages and improve overall access to vital services for the program’s participants.

The Choices for Independence program currently serves 4,000 participants across New Hampshire. The department is mandated to undergo programmatic reforms over a period of 4 years to comply with the settlement terms.

The players

New Hampshire Department of Health and Human Services

This state agency is responsible for overseeing public health, social services, and the administration of the Choices for Independence program.

Disability Rights Center

This organization works to protect the rights of individuals with disabilities through legal advocacy and representation.

NH Legal Assistance

This nonprofit provides civil legal aid to low-income individuals and families across the state.

AARP Foundation

This charitable arm of the AARP focuses on legal advocacy and support for older Americans and their families.

Nixon Peabody

This global law firm provides legal services and has been involved in high-profile class action litigation.

The details

Under the terms of the settlement, the state will increase reimbursement rates for caregivers to bolster the available workforce and implement a new grievance system. The state must also perform annual provider network analyses and maintain an online portal to track available services.

The class action lawsuit was initiated in 2021.
A settlement was reached on October 5, 2026.
The lawsuit was originally scheduled for trial in November 2026.
Programmatic reforms are mandated to occur over the next four years.

Culture Shift

This settlement follows the pattern set by the Olmstead v. L.C. integration mandate regarding the rights of individuals with disabilities to receive community-based services. It reflects a broader societal move toward ensuring state-funded programs provide adequate care rather than just institutional access.

Participants in the program may soon see improved access to care providers due to higher reimbursement rates. Families should monitor the upcoming state online portal to more easily locate and utilize available home-based services.

The takeaway

Reliable access to home care is a critical component of independent living for thousands of residents. Establishing clear grievance systems and provider transparency is essential for ensuring that state programs meet the needs of the vulnerable populations they serve.