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New Hampshire officials make administrative appeal to try to restore $80M in federal funds

New Hampshire officials make administrative appeal to try to restore $80M in federal funds
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      COUNTING ON IN ITS BUDGET. YOU KNOW, BEFORE YOU BEFORE YOU SUE SOMEONE, YOU WANT TO EXHAUST ALL YOUR REMEDIES. GOVERNOR KELLY AYOTTE IS EXPLAINING WHY NEW HAMPSHIRE IS NOT ON THE LEGAL FRONT LINES OF A FIGHT TO STOP THE TRUMP ADMINISTRATION FROM CLAWING BACK $80 MILLION IN COVID ERA FUNDS, EFFECTIVE IMMEDIATELY. FOR NOW, THE STATE IS PURSUING AN ADMINISTRATIVE APPEAL WITH THE U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES TO TRY TO RETAIN THE MONEY, WHICH IT HAD BEEN PLANNING ON. SO WE’RE GOING TO PURSUE THAT. AND IF WE HAVE, WE ALSO HAVE THE ABILITY STILL TO PURSUE THE MATTER IN COURT IF WE NEED TO. 23 STATES ALREADY TOOK THAT STEP. FILING SUIT IN RHODE ISLAND. THE JUDGE IN THAT CASE ISSUED A TEMPORARY RESTRAINING ORDER RESTORING $11 BILLION IN FUNDING, BUT ONLY TO THE STATES INVOLVED IN THE LAWSUIT. WE DON’T AGREE WITH THE THE READING OF THE TRO THAT THE FEDERAL JUSTICE DEPARTMENT HAS ARTICULATED. WE THINK IT ACTUALLY DOES APPLY TO ALL OF THE FUNDS, NOT JUST THE ONES FOR THE PLAINTIFF STATES. CHRISTOPHER BOND, GENERAL COUNSEL FOR THE ATTORNEY GENERAL’S OFFICE, SAYS THE STATE HAS NOT MISSED ITS OPPORTUNITY TO AVOID THE CLAWBACK BY DECIDING NOT TO SUE. GIVEN THE THE RULING ON THE TRO AND THE MOVING FORWARD WITH THE ADMINISTRATIVE APPEAL, WE THINK THAT THAT IS ADEQUATELY PROTECTING OUR INTERESTS NOW. BUT GOING FORWARD, ALL OPTIONS WOULD BE ON THE TABLE. SOME HAD QUESTIONED WHY THE STATE WASN’T TAKING A MORE AGGRESSIVE APPROACH, BUT THE LONE DEMOCRAT ON THE EXECUTIVE COUNCIL SAYS SHE’S SATISFIED WITH THE WAY THIS ISSUE IS BEING HANDLED. WHAT I HEARD TODAY WAS THE ATTORNEY GENERAL’S OFFICE SAID THAT ALL OPTIONS ARE ON THE TABLE. IT SOUNDS LIKE THEY’RE GOING TO BE EXHAUSTING. THE ADMINISTRATIVE COSTS, BUT IT SOUNDS LIKE THEY’RE GOING TO DO WHATEVER THEY HAVE TO DO TO MAKE SURE NEW HAMPSHIRE IS PROTECTED. AND I WAS GLAD TO
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      New Hampshire officials make administrative appeal to try to restore $80M in federal funds
      As other states go to court to fight for pandemic-era spending being clawed back by the Trump administration, New Hampshire is taking a more cautious approach to keeping $80 million the state had been counting on in its budget.Gov. Kelly Ayotte said Wednesday that New Hampshire is taking steps to reclaim the money."You know, before you sue someone, you want to exhaust all your remedies," Ayotte said.For now, the state is pursuing an administrative appeal with the U.S. Department of Health & Human Services.>> Download the free WMUR app to get updates on the go: Apple | Google Play <<"So, we are going to pursue that, and we also have the ability to pursue the matter in court if we need to," Ayotte said.Twenty-three states have already filed suit in Rhode Island. The judge in that case issued a temporary restraining order, restoring $11 billion in funding, but only to the states involved in the lawsuit."We don't agree with the reading of the TRO that the federal Justice Department has articulated," said Christopher Bond, general counsel for the New Hampshire Department of Justice. "We think it actually does apply to all of the funds, not just the ones for the plaintiff states."Bond said the state has not missed its opportunity to avoid the clawback by deciding not to sue."Given the ruling on the temporary restraining order and moving forward with the administrative appeal, we think that is adequately protecting our interests now, but going forward, all options would be on the table," Bond said.Some had been questioning why the state wasn't taking a more aggressive approach, but the lone Democrat on the Executive Council said she is satisfied with the way the issue is being handled."What I heard today was the Attorney General's Office said all options are on the table," said Executive Councilor Karen Liot Hill. "It sounds like they're going to be exhausting the administrative course, but it sounds like they're going to do whatever they have to do to make sure New Hampshire is protected, and I was glad to hear that."

      As other states go to court to fight for pandemic-era spending being clawed back by the Trump administration, New Hampshire is taking a more cautious approach to keeping $80 million the state had been counting on in its budget.

      Gov. Kelly Ayotte said Wednesday that New Hampshire is taking steps to reclaim the money.

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      "You know, before you sue someone, you want to exhaust all your remedies," Ayotte said.

      For now, the state is pursuing an administrative appeal with the U.S. Department of Health & Human Services.

      >> Download the free WMUR app to get updates on the go: Apple | Google Play <<

      "So, we are going to pursue that, and we also have the ability to pursue the matter in court if we need to," Ayotte said.

      Twenty-three states have already filed suit in Rhode Island. The judge in that case issued a temporary restraining order, restoring $11 billion in funding, but only to the states involved in the lawsuit.

      "We don't agree with the reading of the TRO that the federal Justice Department has articulated," said Christopher Bond, general counsel for the New Hampshire Department of Justice. "We think it actually does apply to all of the funds, not just the ones for the plaintiff states."

      Bond said the state has not missed its opportunity to avoid the clawback by deciding not to sue.

      "Given the ruling on the temporary restraining order and moving forward with the administrative appeal, we think that is adequately protecting our interests now, but going forward, all options would be on the table," Bond said.

      Some had been questioning why the state wasn't taking a more aggressive approach, but the lone Democrat on the Executive Council said she is satisfied with the way the issue is being handled.

      "What I heard today was the Attorney General's Office said all options are on the table," said Executive Councilor Karen Liot Hill. "It sounds like they're going to be exhausting the administrative course, but it sounds like they're going to do whatever they have to do to make sure New Hampshire is protected, and I was glad to hear that."