In 2010 and 2011, the United States investigated the State of New Hampshire's mental health system to assess compliance with Title II of the Americans with Disabilities Act ("ADA"), 42 U.S.C. §§ 12101 et seq., and its implementing regulations, 28 C.F.R. pt. 35, and Section 504 of the Rehabilitation Act of 1973 ("Rehabilitation Act"), 29 U.S.C. §§ 794 et seq.

On February 9, 2012, six individuals filed a class action Complaint on behalf of themselves and others similarly situated (collectively, "Plaintiffs"), in the United States District Court for the District of New Hampshire, alleging New Hampshire's administration of its mental health system violates the rights of individuals with SMI under the ADA, 42 U.S.C. §§ 12101 et seq., and the Rehabilitation Act, 29 U.S.C. §§ 794 et seq. In addition, the Plaintiffs alleged that the State and the other Defendant officials (collectively "the State" or "Defendants") have failed to comply with the requirements of the Nursing Home Reform Act ("NHRA"), 42 U.S.C. §§ 1396r et seq.

In order to resolve ongoing issues between the Parties without the expense, risks, delays, and uncertainties of litigation, the Parties, have agreed to settle this matter on the terms and conditions set forth below in this Settlement Agreement. The purpose of this Settlement Agreement is to make a full and final compromise and settlement of any and all claims or allegations of the Plaintiffs and the United States set forth in the instant lawsuit.