UNITED STATES DISTRICT COURTFOR THE DISTRICT OF NEW HAMPSHIREDARTMOUTH-HITCHCOCK CLINIC ANDMARY HITCHCOCK MEMORIAL HOSPITAL,D/B/A DARTMOUTH-HITCHCOCK, et al.,
CIVIL ACTION No.v.
NICHOLAS A. TOUMPAS, in his officialcapacity as Commissioner of the New HampshireDepartment of Health and Human Services,
:PLAINTIFFS’ MEMORANDUM OF LAW IN SUPPORTOF MOTION FOR PRELIMINARY INJUNCTION
The plaintiffs, through their attorneys, respectfully submit this memorandum of law insupport of their motion for preliminary injunction.
I. PRELIMINARY STATEMENT
Over the coming weeks, some of New Hampshire’s neediest citizens will no longer beable to access basic healthcare services. Those citizens are recipients under the State’s Medicaidprogram, the federal-state partnership designed to assure that the poor, elderly, and disabled haveadequate access to medical care and services. Since the onset of the economic recession in 2008,the State has made a series of purely budget-driven decisions – with manifest disregard forapplicable federal law – that have dramatically reduced the rates hospitals are paid for caring forthese patients. Those reductions were made to rates that were already the lowest in the country,and that reimbursed hospitals for less than half their actual costs incurred in caring for patients.The State’s recently enacted budget rendered an already tenuous situation completely
Case 1:11-cv-00358 Document 3-1 Filed 07/25/11 Page 1 of 65