Mental Health Patients Oppose Ending Hospital Boarding Suit

June 11, 2021, 2:00 PM

Constitutional claims brought over New Hampshire’s practice of “parking” mental health patients in hospital emergency rooms without hearings should proceed, as they aren’t mooted by a state supreme court decision, the plaintiffs told the First Circuit.

The New Hampshire Supreme Court held in May that health commissioner Lori Shibinette has a statutorily mandated duty to provide patients with probable cause hearings within three days after a doctor completes an involuntary emergency admission certificate, instead of delaying hearings until patients are transferred to state-run mental health-care facilities.

Shibinette’s statement that she is trying to comply with the decision isn’t enough to ...

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