New Hampshire Olmstead Plan Information
The 1999 Olmstead Supreme Court Decision and New Hampshire
In a landmark interpretation of the ADA (Americans with Disabilities Act), the Supreme Court decided that people with disabilities have a right to receive care in the most integrated setting appropriate and that unnecessary institutionalization violates the ADA. All states must now comply with the decision. The Center for PAS is tracking the legal and policy ramifications of the Olmstead decision in each state.
- Introduction to Olmstead Lawsuits and Olmstead Plans
- Table: State Olmstead Plans and Alternative Strategies
- Table: Olmstead and Olmstead-Related Lawsuits by State
For a complete list of Federal cases please refer to the Department of Justice, Olmstead Litigation page.
(Data below extracted from the Olmstead Lawsuits and Olmstead Plans report, the State Olmstead Plans and Alternative Strategies table and the Olmstead and Olmstead-Related Lawsuits table available at the links above.)
New Hampshire State Olmstead Planii
Updated March 2013, New Hampshire does not currently have an Olmstead planii developed. New Hampshire has, however, developed an alternative strategy to comply entitled:
Balancing Incentive Program
Further Information iii
Update: While New Hampshire does not have an Olmstead plan in place, they responded via a press release regarding a recent investigation by the Department of Justice. The DOJ alleges that New Hampshire has violated the Americans with Disabilities Act by failing to provide services to people with mental illness in the most integrated setting appropriate to their needs. The state "believes that the most effective way to accomplish that goal is to stay focused on the implementation of the State's Plan."
To read the April 7, 2011 letter from the Department of Justice to the Attorney General of New Hampshire, go to: http://www.ada.gov/olmstead/documents/new_hampshire_findings.pdf To read the response to the letter from the DOJ from the Attorney General of New Hampshire disputing their review of the state's mental health system, go to: http://doj.nh.gov/media-center/press-releases/2011/documents/20111206-usdoj-letter.pdf
Progress: The state has a grant to increase LTC in the community called the Balancing Incentive Program. For more information: http://www.dhhs.state.nh.us/dcbcs/bip/bip.htm
The state convened a taskforce that produced a 2008 report on community-based mental health services http://www.dhhs.state.nh.us/dcbcs/bbh/documents/restoration.pdf b
Division of Community Based Care Services website: http://www.dhhs.state.nh.us/dcbcs/planning.htm
New Hampshire Legal Cases Related to Olmstead (updated May 2013)
The Center for PAS has tracked 4 Olmstead and Olmstead related legal cases in New Hampshire.