Court Decisions and Pending Litigation
Resources in this Category
ALL Court Decisions External Resources Practice Materials
| Title | Date  | ||
|---|---|---|---|
 | ABCs of Seeking Judicial Review of a MassHealth Board of Hearings Decision How to appeal from an adverse MassHealth fair hearing decision | 1/15/2008 | |
| MMPI Looks at Rosie D. The Massachusetts Medicaid Policy Institute looks at the settlement in the Rosie D. lawsuit. | 10/12/2007 | ||
| | Judge orders "active treatment" for Nursing Home residents with mental retardation A US Magistrate Judge has ordered the state to provide "active treatment" to residents of nursing homes with intellectual disabilities (mental retardation). The court essentially adopted the plaintiffs' definition of active treatment. The opinion and order in Rolland v. Patrick is attached here. | 7/11/2007 | |
 | Hutchinson case complaint -- Head Injury Case CPR and WilmerHale have sued the state challenging the inappropriate and illegal placement of individuals with head injuries in nursing homes and the failure to provide them community services. | 7/10/2007 | |
| | Hutchinson case summary A summary of the facts, legal claims, and requests for relief in the class action challenging the lack of community services for people with head injuries. | 7/10/2007 | |
| | Rosie D Remedial Plan Affidavits The parties to Rosie D, unable to reach agreement, have submitted seperate remedial plans. The plaintiffs' experts and others have filed afffidavits in support of the plaintiffs' plan and explaining why the state's plan is inadequate. The affidavits are consolidated here into a single document. | 12/12/2006 | |
| | Woman sues hospital for strip-search -- complaint The Center for Public Representation, the Bazelon Center and Campbell, Campbell & Edward have sued Beth-Isreal Hospital on behalf of a woman who was strip searched when she appeared at the hospital ER for treatment of a migraine. The plaintiff had been a patient in the mental health unit in the past. | 8/4/2006 | |
| | Judgment in HCFA v. Romney dental access case Judge Zobel's Feb 3, 2006 order on the relief for children & youth under age 21 denied access to adequate dental care in MassHealth. See the July 14, 2005 decision on the merits. Congratulations to HLA, GBLS & colleagues. | 2/9/2006 | |
| | Rosie D. full summary A full summary of the district court's opinion in Rosie D. v. Romney | 2/8/2006 | |
| | Rosie D Experts Summary CPR has summarized the reports and findings of the expert witnesses in Rosie D v. Romney into a single report on The Status of Home-Based Services for Massachusetts Children with Serious Emotional Disturbance. A PDF version. | 2/1/2006 | |
| | Rosie D. -- Summary of Opinion A summary of the US District Court's 98 page opinion in Rosie D. v. Romney. Should be read together with the summary of th case and trial also available on this page. | 2/1/2006 | |
| | Rosie D. trial summary A 3 page summary of the cliams and the trial in Rosie D v. Romney leading to the US District Court's finding that the state's EPSDT services for children with serious emotional disturbance violate the Medicaid law. | 1/31/2006 | |
| | Rosie D v. Romney opinion In a comprehensive 98 page opinion, a federal judge has held that Massachusetts' EPSDT services to children with serious emotional disturbances and mental illnesses violate the Medicaid Act. Congratulations to plaintiffs' counsel: Center for Public Representation, Mental Health Legal Advisors & colleagues | 1/30/2006 | |
| | Court victory in dental rate case: Health Care for All v. Romney In a 30-page opinion federal district court judge Zobel finds for plaintiffs on their claims that children & youth under age 21 have been denied access to dental care in MassHealth in violation of federal statutory requirements of "reasonable promptness" and EPSDT due in part to low reimbursement rates. The court found for the defendants regarding a subclass of adults with special circumstances. Congratulations to plaintiffs counsel:Clare McGorrian of HLA & Sarah Anderson of GBLS! July 2005. | 9/1/2005 | |
