New Hampshire Hospitals Prevail in Suit Over ‘Parked’ Patients

The New Hampshire health department’s use of private, nonprofit hospitals’ emergency rooms to “park” mental health patients for whom there’s no room at state facilities violates the Fourth Amendment of the US Constitution, a federal court said.

Eighteen hospitals were entitled to summary judgment in their suit alleging that state Health and Human Services Department Commissioner Lori Shibinette’s practice constituted an unlawful seizure of their property, the US District Court for the District of New Hampshire said.

It’s well-established that the commissioner has a duty to provide services for these patients and that she hasn’t satisfied that duty, the court ...