HOW MANY MORE OUTSTANDING LAWSUITS CAUSED BY NH GOVERNMENT'S ILLEGAL AND UNCONSTITUTIONAL SCREW UPS WILL TAXPER'S BE FORCED TO PAY.
REPORTED IN 2014: "The state had a financial stake in 28 lawsuits, according to the state’s annual financial report. Of those, the state only lost one, won six and settled three. Eighteen are still undecided.
“This isn’t a problem of costs coming up unexpectedly, this is a problem of not being able to pay our bills when they come due and the Legislature seeing how long it can dodge the bill collector,” said Andru Volinsky, the lead attorney on the education funding lawsuits."
REPORTED IN 2015: "the next state budget, the potential $104 million price tag of two lawsuits looms large, the latest in a series of legal actions that directly affect New Hampshire’s bottom line.
The state settled a federal lawsuit over inadequate mental health services in 2013 that’s predicted to cost $24 million in the upcoming budget. A second settlement with hospitals over a controversial tax could mean roughly $80 million less in the state’s general fund. In an already tight budget of $10.7 billion, these costs won’t be easily swallowed."
REPORTED IN 2016: "Frankie Berger, director of advocacy at the nonprofit Treatment Advocacy Center, said the practice violates patients’ civil rights and must stop immediately.
“We had no idea this type of thing was happening,” Berger said. “Honestly, it’s appalling and shocking what we’ve learned so far. We need to see it fixed.”
The Arlington, Va.- based center is taking immediate action to investigate and press for action that could result in a federal civil rights lawsuit, Berger said.
“I don’t think it comes as a surprise that a national organization with expertise in this area comes to the conclusion that New Hampshire is violating patients’ rights,” Cushing said.
The Legislature recognized the problem in 2005 and 2010, he said. “Reports then acknowledged the potential for legal action against the state,” Cushing said.
“It’s long past time that the state of New Hampshire stop taking people who have never been charged with or convicted of a crime and sending them to prison. We should be sending them to hospitals, not prison,” Cushing said.
Berger agreed that the practice of commingling patients who haven’t committed a crime with convict criminals has to stop. “It doesn’t matter how many laws the Legislature passes in New Hampshire to say it’s legal. That doesn’t make it legal,” Berger said. “It is unconstitutional.”
REPORTED IN 2017: "Attorney Rus Rilee has a unique perspective on the tragic child abuse cases that have prompted intense scrutiny of the state Division of Youth, Children and Families.
He represents certain family members of 3-year-old Brielle Gage of Nashua and 21-month-old Sadie Willott of Manchester, both of whom died while their neglect and abuse cases were under DCYF review. He also represents the grandparents of two children who were victims in a highly publicized Claremont case involving the videotaping of sexual abuse.
Those cases have sparked at least three separate investigations into DCYF: an internal review; an examination of infant homicides at the state Department of Justice; and an outside review by an independent third party.
Pressure is on
Rilee says its no coincidence the immunity legislation has been proposed at this time, with potential civil lawsuits looming in these highly publicized cases.
“This is a direct result of the pressure that is being placed on them. As a result of these cases, the spotlight is being shone on their failures,” he said. “Unfortunately for my clients, it's too late, but they are adamant about the fact that they want to make sure this doesn't happen to another child. That's what our battle is all about.”
If Rilee is ultimately allowed to pursue his civil cases in open court, the result could be exactly what CASA and DCYF fear the most — more victims or their surviving family members going to court with claims of negligence or negligent supervision.
Minors who have been abused with personal injury claims have from 20 to 30 years to sue, depending on the nature of the abuse.
“If they have any allegation that what happened to them was caused by the acts or omissions of DCYF, CASA or any other state or private actors, they have until they are in their 20s or 30s to file,” Rilee said. “Once some of these cases come to light, there is going to be a flood of them.”
REPORTED IN 2018: "The state has agreed to pay $6.75 million to settle a suit brought by the grandparents of two young girls who were sexually abused by their parents while under the supervision of New Hampshire’s Division for Children, Youth and Families.
The lawsuit alleged DCYF and two nonprofits – Easterseals New Hampshire and CASA-NH – failed to protect the two girls from “horrific” sexual abuse by their biological parents in 2013 despite repeated warning signs.
Under the settlement, each child will receive $3.125 million and their grandparents, who have adopted the girls, will receive $500,000. The money will come from the state’s general fund and be released as soon as Hillsborough County Superior Court Judge Gillian Abramson officially signs off on the deal, said Rus Rilee, the attorney representing the family.
The girls’ parents pleaded guilty in 2014 to felony sexual assault charges and to manufacturing child pornography. Each was sentenced to 25 years to life in prison. The suit alleged the abuse took place during supervised and unsupervised visits, sometimes during “bath time,” when an Easterseals worker was in another room.
Associate Attorney General Anne Edwards said the state has made larger total payouts in civil injury settlements before, but this agreement represents the largest amount paid to an individual plaintiff.
Settlements with CASA and Easterseals are confidential.
The lawsuit also brought key rulings, including one from the state Supreme Court, establishing the rights of plaintiffs in child abuse cases to sue in open court. Before, such cases were kept completely under seal to protect the privacy of children. Rilee had argued the state’s Child Protection Act had been interpreted too broadly, and that a child’s identity could be protected even if a complaint were made public.
“Transparency breeds accountability, and accountability brings change,” Rilee said.
DCYF has been under intense scrutiny since two toddlers under agency watch were killed by their mothers in 2014 and 2015. Lawmakers have since created an independent Office of the Child Advocate to oversee the agency and funded more caseworkers.
Rilee also represents William Boucher Jr., the father of Brielle Gage, a 3-year-old from Nashua who was murdered by her mother, Katlyn Marin, while under DCYF supervision in 2014. Boucher filed suit this February against the agency, which was warned about repeated abuse for a year before Brielle’s death.
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REPORTED IN 2011: "Michael McCord of the New Hampshire Business Review provides a good synopsis of why ten hospital administrators are so upset about the latest state budget that they’ve filed a lawsuit.
“Each October, New Hampshire and the state’s hospitals engage in an accounting sleight of hand set up in 1991. Hospitals wire the state millions of dollars to pay the “Medicaid Enhancement Tax,” and the state then wires the amount back, often within minutes.
The goal of the tax was to create the illusion of raising money so the state could apply for and receive more federal matching funds to cover uncompensated care costs for Medicaid services and indigent patients. Not all the federal funds go back to hospitals and doctors – New Hampshire has the second-lowest Medicaid reimbursement rate in the country – and money is diverted to the general fund. The ploy has been known over the years as “Mediscam.”
“We used to joke and say ‘What would happen if the state didn’t wire this money back?'” said Mark Whitney, vice president for strategic planning at Exeter Health Resources, parent company of Exeter Hospital.
A majority of the state’s 26 hospitals are about to find out the answer.”
That’s most of the Medicaid issue in a nutshell. McCord goes on to explore other hospital complaints about forced layoffs and other budget problems that arose in the wake of this year’s legislative decisions. Then he gives us this interesting tidbit,
“Meanwhile…the biggest change to the state’s Medicaid program was Senate Bill 147, which has mandated a transfer of all Medicaid services to a private managed care program on an expedited basis by July 1, 2012.
One national consultant familiar with New Hampshire’s Medicaid regulations and practices believes in the end the CMS [federal Centers for Medicare and Medicaid Services] will shoot down this latest legislative gambit. New Hampshire isn’t the only state that plays the Mediscam game but ‘the feds will take a very dim view of this,’ said Steve Scheer, a Chicago-based principal with Health Management Associates and adviser to the New Hampshire Hospital Association.
More importantly, he added, the CMS will need to disapprove because many states are already watching closely. If the CMS grants approval, some 33 other states could jump in line and, theoretically, it could lead to a dramatic rise in Medicaid payments to the states — not exactly an ideal scenario, given the immense debt and deficit pressures faced by the federal government.”
______________________________________________
REPORTED IN 2014: "The state had a financial stake in 28 lawsuits, according to the state’s annual financial report. Of those, the state only lost one, won six and settled three. Eighteen are still undecided.
“This isn’t a problem of costs coming up unexpectedly, this is a problem of not being able to pay our bills when they come due and the Legislature seeing how long it can dodge the bill collector,” said Andru Volinsky, the lead attorney on the education funding lawsuits."
REPORTED IN 2015: "the next state budget, the potential $104 million price tag of two lawsuits looms large, the latest in a series of legal actions that directly affect New Hampshire’s bottom line.
The state settled a federal lawsuit over inadequate mental health services in 2013 that’s predicted to cost $24 million in the upcoming budget. A second settlement with hospitals over a controversial tax could mean roughly $80 million less in the state’s general fund. In an already tight budget of $10.7 billion, these costs won’t be easily swallowed."
REPORTED IN 2016: "Frankie Berger, director of advocacy at the nonprofit Treatment Advocacy Center, said the practice violates patients’ civil rights and must stop immediately.
“We had no idea this type of thing was happening,” Berger said. “Honestly, it’s appalling and shocking what we’ve learned so far. We need to see it fixed.”
The Arlington, Va.- based center is taking immediate action to investigate and press for action that could result in a federal civil rights lawsuit, Berger said.
“I don’t think it comes as a surprise that a national organization with expertise in this area comes to the conclusion that New Hampshire is violating patients’ rights,” Cushing said.
The Legislature recognized the problem in 2005 and 2010, he said. “Reports then acknowledged the potential for legal action against the state,” Cushing said.
“It’s long past time that the state of New Hampshire stop taking people who have never been charged with or convicted of a crime and sending them to prison. We should be sending them to hospitals, not prison,” Cushing said.
Berger agreed that the practice of commingling patients who haven’t committed a crime with convict criminals has to stop. “It doesn’t matter how many laws the Legislature passes in New Hampshire to say it’s legal. That doesn’t make it legal,” Berger said. “It is unconstitutional.”
REPORTED IN 2017: "Attorney Rus Rilee has a unique perspective on the tragic child abuse cases that have prompted intense scrutiny of the state Division of Youth, Children and Families.
He represents certain family members of 3-year-old Brielle Gage of Nashua and 21-month-old Sadie Willott of Manchester, both of whom died while their neglect and abuse cases were under DCYF review. He also represents the grandparents of two children who were victims in a highly publicized Claremont case involving the videotaping of sexual abuse.
Those cases have sparked at least three separate investigations into DCYF: an internal review; an examination of infant homicides at the state Department of Justice; and an outside review by an independent third party.
Pressure is on
Rilee says its no coincidence the immunity legislation has been proposed at this time, with potential civil lawsuits looming in these highly publicized cases.
“This is a direct result of the pressure that is being placed on them. As a result of these cases, the spotlight is being shone on their failures,” he said. “Unfortunately for my clients, it's too late, but they are adamant about the fact that they want to make sure this doesn't happen to another child. That's what our battle is all about.”
If Rilee is ultimately allowed to pursue his civil cases in open court, the result could be exactly what CASA and DCYF fear the most — more victims or their surviving family members going to court with claims of negligence or negligent supervision.
Minors who have been abused with personal injury claims have from 20 to 30 years to sue, depending on the nature of the abuse.
“If they have any allegation that what happened to them was caused by the acts or omissions of DCYF, CASA or any other state or private actors, they have until they are in their 20s or 30s to file,” Rilee said. “Once some of these cases come to light, there is going to be a flood of them.”
REPORTED IN 2018: "The state has agreed to pay $6.75 million to settle a suit brought by the grandparents of two young girls who were sexually abused by their parents while under the supervision of New Hampshire’s Division for Children, Youth and Families.
The lawsuit alleged DCYF and two nonprofits – Easterseals New Hampshire and CASA-NH – failed to protect the two girls from “horrific” sexual abuse by their biological parents in 2013 despite repeated warning signs.
Under the settlement, each child will receive $3.125 million and their grandparents, who have adopted the girls, will receive $500,000. The money will come from the state’s general fund and be released as soon as Hillsborough County Superior Court Judge Gillian Abramson officially signs off on the deal, said Rus Rilee, the attorney representing the family.
The girls’ parents pleaded guilty in 2014 to felony sexual assault charges and to manufacturing child pornography. Each was sentenced to 25 years to life in prison. The suit alleged the abuse took place during supervised and unsupervised visits, sometimes during “bath time,” when an Easterseals worker was in another room.
Associate Attorney General Anne Edwards said the state has made larger total payouts in civil injury settlements before, but this agreement represents the largest amount paid to an individual plaintiff.
Settlements with CASA and Easterseals are confidential.
The lawsuit also brought key rulings, including one from the state Supreme Court, establishing the rights of plaintiffs in child abuse cases to sue in open court. Before, such cases were kept completely under seal to protect the privacy of children. Rilee had argued the state’s Child Protection Act had been interpreted too broadly, and that a child’s identity could be protected even if a complaint were made public.
“Transparency breeds accountability, and accountability brings change,” Rilee said.
DCYF has been under intense scrutiny since two toddlers under agency watch were killed by their mothers in 2014 and 2015. Lawmakers have since created an independent Office of the Child Advocate to oversee the agency and funded more caseworkers.
Rilee also represents William Boucher Jr., the father of Brielle Gage, a 3-year-old from Nashua who was murdered by her mother, Katlyn Marin, while under DCYF supervision in 2014. Boucher filed suit this February against the agency, which was warned about repeated abuse for a year before Brielle’s death.
______________________________________________
The goal of the tax was to create the illusion of raising money so the state could apply for and receive more federal matching funds to cover uncompensated care costs for Medicaid services and indigent patients. Not all the federal funds go back to hospitals and doctors – New Hampshire has the second-lowest Medicaid reimbursement rate in the country – and money is diverted to the general fund. The ploy has been known over the years as “Mediscam.”
“We used to joke and say ‘What would happen if the state didn’t wire this money back?'” said Mark Whitney, vice president for strategic planning at Exeter Health Resources, parent company of Exeter Hospital.
A majority of the state’s 26 hospitals are about to find out the answer.”
That’s most of the Medicaid issue in a nutshell. McCord goes on to explore other hospital complaints about forced layoffs and other budget problems that arose in the wake of this year’s legislative decisions. Then he gives us this interesting tidbit,
“Meanwhile…the biggest change to the state’s Medicaid program was Senate Bill 147, which has mandated a transfer of all Medicaid services to a private managed care program on an expedited basis by July 1, 2012.
One national consultant familiar with New Hampshire’s Medicaid regulations and practices believes in the end the CMS [federal Centers for Medicare and Medicaid Services] will shoot down this latest legislative gambit. New Hampshire isn’t the only state that plays the Mediscam game but ‘the feds will take a very dim view of this,’ said Steve Scheer, a Chicago-based principal with Health Management Associates and adviser to the New Hampshire Hospital Association.
More importantly, he added, the CMS will need to disapprove because many states are already watching closely. If the CMS grants approval, some 33 other states could jump in line and, theoretically, it could lead to a dramatic rise in Medicaid payments to the states — not exactly an ideal scenario, given the immense debt and deficit pressures faced by the federal government.”
______________________________________________
REPORTED MAY 30, 2018: "NH Hospitals, State Agree on Uncompensated Care Payment Plan
State officials have agreed on a deal to pay the state's hospitals back pay owed for previously uncompensated care.
By Dana Forsythe, Patch Staff |
CONCORD, N.H. - In March, a federal court determined the federal formula New Hampshire used to determine payments to hospitals was wrongfully put in place. Now, a deal to has been struck. According to the Concord Monitor, the state owed $36 million more than had been budgeted for in 2018 – and $37 million in 2019.
Now, after heated public and private discussions, the state is on the cusp of a compromise: $22.1 million in fiscal year 2018 and $22.5 million in fiscal year 2019. And negotiators have found a new funding formula that will extend into 2024, overriding a previous agreement made in 2014 that was close to running out.
Under federal law, hospitals that treat significant numbers of Medicaid or uninsured patients may receive DSH payments – state and federal funds that help them recoup the higher costs associated with those patients. Exactly how much each hospital receives comes down to how many services it can count as "uncompensated care."
This month's agreement, packaged as part of an omnibus spending bill, House Bill 1817, pegs the state payments to hospitals at about 90 percent of the Medicaid Enhancement Tax they pay every year – an amount that gets doubled with a federal match.
To read the full article, visit the Concord Monitor."
CONCORD, N.H. - In March, a federal court determined the federal formula New Hampshire used to determine payments to hospitals was wrongfully put in place. Now, a deal to has been struck. According to the Concord Monitor, the state owed $36 million more than had been budgeted for in 2018 – and $37 million in 2019.
Now, after heated public and private discussions, the state is on the cusp of a compromise: $22.1 million in fiscal year 2018 and $22.5 million in fiscal year 2019. And negotiators have found a new funding formula that will extend into 2024, overriding a previous agreement made in 2014 that was close to running out.
Under federal law, hospitals that treat significant numbers of Medicaid or uninsured patients may receive DSH payments – state and federal funds that help them recoup the higher costs associated with those patients. Exactly how much each hospital receives comes down to how many services it can count as "uncompensated care."
This month's agreement, packaged as part of an omnibus spending bill, House Bill 1817, pegs the state payments to hospitals at about 90 percent of the Medicaid Enhancement Tax they pay every year – an amount that gets doubled with a federal match.
To read the full article, visit the Concord Monitor."
