Federal Law provides that people in nursing facilities have the right to live in integrated residential settings, where they can live more independently, be closer to family and friends, and participate in community activities.
Marsters v. Healey is a lawsuit filed by seven individuals with disabilities living in nursing facilities and the Mass Senior Action Council against the Commonwealth of Massachusetts. They brought this case on behalf of thousands of people in nursing facilities who want to return to the community, but need support from the State to live in their own homes. The case sought to require the State to provide community residential services and supports for individuals with medical conditions, physical disabilities, and mental illness who want to leave nursing facilities to live in the community.
After lengthy negotiations, the Commonwealth and people with disabilities reached a Settlement Agreement to provide services so that everyone who wants to can come home. The Settlement Agreement was approved by the Court on June 18, 2024. It requires the Commonwealth to create a new informed choice process and transition assistance for everyone in nursing facilities, new residential services for at least 2,400 people who want to leave nursing facilities, and special services for people with serious mental illness who remain in nursing facilities.
The case and Settlement Agreement is cross-disability, which means it benefits everyone in nursing facilities regardless of the type of disability they may have. The Agreement specifically addresses the disproportionate impact of unnecessary institutionalization on people of color and seeks specific remedies to address this disparity.
Specific Services Included in the Remedy
- In-reach, informed choice, and transition planning: Information and opportunities to learn about community options, assistance in leaving nursing facilities, and special services in nursing facilities to support transition to the community.
- Case management services: Expanded case management services help people make decisions about whether to leave the facility, and coordinate transition to the community. These services are available to anyone in a nursing facility.
- Coordinated behavioral health services: For people with Serious Mental Illness in nursing facilities, case managers with special experience help identify care needs, including Specialized Services for class members with PASRR SMI, and coordinate services.
- Residential Services and Housing Support: New community housing options in a variety of settings.
- Cultural and linguistic competency: Including training for staff, transition options in home communities, and supported decision making.
Settlement Class
The Settlement Class includes:
People age 22 or older and
- Have Medicaid or are eligible for Medicaid and
- Have lived in a Massachusetts nursing facility more than 60 days and
- Have a disability and
- Want to live in the community or want more information about living in the community
OR
- Have a serious mental illness and need services in the nursing facility
- Want to live in the community or want more information about living in the community
Contact Information: Email – bringingpeoplehome@cpr-ma.org or Phone – 413-586-6024, press ‘2’