New Hampshire’s practice of temporarily boarding mental health patients in hospital emergency departments is an illegal seizure of the hospitals’ property that disrupts care for other patients in need, a federal judge has ruled.
In an order issued Feb. 23, U.S. District Judge Landya McCafferty did not immediately require the practice to end, but told hospitals and the New Hampshire Department of Health and Human Services to come up with a timeline for proposing a court order to permanently resolve the issue.
“The record is clear; the Commissioner’s boarding practice commandeers space, staff, and resources in the Hospitals’ emergency departments that is needed for other patients and services,” the judge wrote. Those hospitals also sued the state in Merrimack County Superior Court in December, seeking an order that would force the state toState officials have taken steps in recent years to expand the mental health care system, spurred in part by the New Hampshire Supreme Court ruling in 2021 that the state washeld in emergency rooms by not promptly granting them probable cause hearings.
In a statement, New Hampshire Hospital Association President Steve Ahnen said the state’s hospitals “look forward to working with state leaders to ensure achievement of a permanent solution as quickly as practicable.”
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