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Hospitals’ Claims Over ‘Parked’ Mental Health Patients Proceed

Jan. 4, 2021, 8:20 PM

A group of New Hampshire hospitals can proceed on their challenge to the constitutionality of the state health commissioner’s practice of “parking” mental health patients in their emergency rooms while they’re awaiting transport to another facility, a federal court said Monday.

The state’s 11th Amendment immunity doesn’t bar the New Hampshire Hospital Association and 20 hospitals from seeking an order prohibiting the New Hampshire Department of Health and Human Services’s commissioner from requiring them to board patients subject to involuntary psychiatric admissions until space opens up elsewhere, the U.S. District Court for the District of New Hampshire said.

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