Nursing home residents file class action to enforce rights to less restrictive settings

Center for Public Representation & GBLS

This is the complaint and link to the CPR website with more recent developments in  a class action lawsuit alleging Massachusetts’ officials have unnecessarily institutionalized individuals with various disabilities in nursing facilities and have failed to provide community residential services and supports necessary to allow them to live in integrated settings in the community.  The Commonwealth’s failure violates the American with Disabilities (ADA) and the Medicaid Acts and disproportionately impacts people of color.  The complaint, filed October 11, 2022, seeks to compel the Commonwealth to expand its existing residential programs so that people with disabilities in nursing facilities can make informed choices and have meaningful options to live successfully in the community. The case was originally called Simmons v Baker and is now called Marsters v. Healey. The Plaintiffs are represented by CPR and GBLS.

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Simmons v Baker Complaint- 10.11.22.pdf (795.86 KB) 795.86 KB