Under a Settlement Agreement signed earlier this week by the Commonwealth of Massachusetts (EOHHS) and the Center for Public Representation, Governor Healy has moved to settle the Marsters v. Healey lawsuit. The agreement includes a comprehensive set of actions that the Commonwealth will undertake over an eight-year period to provide informed choice, case management services, specialized services, and residential services and supports necessary to transition no fewer than 2,400 class members from nursing facilities to the community. Under the proposed settlement, the state will expand funding for housing programs to assist individuals in nursing facilities who seek to return to the community, including the creation of rental vouchers specifically designated for persons with disabilities who want to transition to the community, as well as the creation of new residential settings.
The Massachusetts Senior Action Council and a group of nursing home residents with physical and mental disabilities sued the state in 2022, alleging that the state was violating the Americans with Disabilities Act by unnecessarily institutionalizing people with disabilities rather than providing sufficient home- and community-based services.
Under the Settlement Agreement, nursing facilities will be obligated to provide timely information about and reasonable access to nursing facility residents that are identified as appropriate for the Community Transition Liaison Program (CTLP), Money Follows the Person Demo (MFP), PASRR SMI and the Behavioral Health Community Partners (BH CP) programs. Nursing facilities will be subject to sanctions for noncompliance with these requirements.