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BRYSON v. SHUMWAY

No. Civ. 99-558-M.

177 F.Supp.2d 78 (2001)

Bonnie BRYSON and Claire Shepardson, on behalf of themselves and all others similarly situated, Plaintiffs v. Donald SHUMWAY, in his capacity as Commissioner of the State of New Hampshire Department of Health and Human Services; and Susan Fox, in her capacity as Director of the State of New Hampshire Division of Developmental Services, Defendants

United States District Court, D. New Hampshire.

October 23, 2001.

Attorney(s) appearing for the Case

Sheila O'Leary Zakre, Disabilities Rights Center, Inc., Concord, NH, for Bonnie Bryson, Claire Shepardson.

Suzanne M. Gorman, Attorney General's Office Civil Bureau, Concord, NH, for NH Dept. of Health and Human Services, New Hampshire Division of Developmental Services.

ORDER

MCAULIFFE, District Judge.

Plaintiffs in this action represent themselves and a class of persons who: (1) have acquired brain disorders (ABDs); (2) have requested home and community-based care ("HCBC") services from the State of New Hampshire's Medicaid program; (3) are eligible for services funded by Medicaid; (4) are on a waiting list for HCBC services; and (5) have been, or are likely to be, placed in nursing homes or other institutions due...

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