The Center for Medicare Advocacy recently joined a coalition, led by Justice in Aging, in filing an amicus brief urging a federal court to protect the right of people with disabilities to receive the services and supports they require to live safely at home. Other partners were the Center for Public Representation, Disability Law United, Disability Rights Education and Defense Fund, National Consumer Voice for Quality Long-Term Care, and the National Health Law Program. Civil rights law firm Fox & Robertson represented the coalition.
The brief stresses the importance of adhering to established precedent and federal guidance recognizing that people at risk of institutionalization can challenge the policies that place them at risk.
The state defendants claim that the Supreme Court’s recent decision in Loper Bright Enterprises v. Raimondo eliminates that longstanding precedent, meaning individuals must endure the trauma of institutionalization before they can challenge harmful policies. The amicus brief explains why this argument is incorrect under Title II of the Americans with Disabilities Act, Section 504 of the Rehabilitation Act, the Supreme Court’s landmark Olmstead decision, and other authorities.
The brief was filed in support of the plaintiffs in Fitzmorris v. New Hampshire Dep’t of Health and Human Services. AARP Foundation and other advocates brought this class action on behalf of individuals who participate in a New Hampshire Medicaid program that provides home and community-based care to disabled adults.
- Read the brief.
August 7, 2025 – A. Bers