Common use of BACKGROUND AND INTRODUCTION Clause in Contracts

BACKGROUND AND INTRODUCTION. A. This case involves the services, programs, and activities offered to thousands of persons with serious mental illness (“SMI”) in the State of New Hampshire’s mental health system. The State’s mental health system includes the New Hampshire Hospital (“NHH”) in Concord, NH, the Glencliff Home (“Glencliff”) in Benton, NH, and services, programs, and activities at other sites, including but not limited to those offered by the community mental health programs and providers across the state. B. 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. C. On April 7, 2011, the United States issued its findings and conclusions in a letter sent to the State of New Hampshire. D. The New Hampshire Disabilities Rights Center, Inc. (“DRC”) had earlier conducted an investigation of the State’s mental health system and sent its own findings letter to the State on November 2, 2010. E. 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. F. On March 27, 2012, the United States moved to intervene in the matter as Plaintiff- Intervenor, and on April 4, 2012, the Court granted its motion to intervene. G. The State denies all violations alleged by the Plaintiffs and the United States. By entering into this Settlement Agreement, the State does not admit to the truth or validity of any claim or allegation made against it by Plaintiffs or the United States. Nothing in this Settlement Agreement shall be construed as an acknowledgement, an admission, or evidence of liability of the State under the ADA, the Rehabilitation Act, or the NHRA, or any federal or state law. This Settlement Agreement may not be used as evidence of Defendants’ liability in any civil or criminal proceeding, except proceedings to enforce or implement this Settlement Agreement. H. On September 17, 2013, the United States District Court certified a class comprised of: All persons with serious mental illness who are unnecessarily institutionalized in New Hampshire Hospital or Glencliff or who are at serious risk of unnecessary institutionalization in these facilities. At risk of institutionalization means persons who, within a two year period: (1) had multiple hospitalizations; (2) used crisis or emergency room services for psychiatric reasons; (3) had criminal justice involvement as a result of their mental illness; or (4) were unable to access needed community services. I. The Joint Motion referenced in Section III will request that the certified class include all claims brought pursuant to the ADA, the Rehabilitation Act, and the NHRA. J. 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.