Nursing Facilities 

Documents and pleadings which may be helpful to attorneys litigating or considering the litigation of disability law related cases are available by following the links below.

These documents do not constitute legal advice. Anyone engaged in legal action should consult with an attorney. Attorneys should make their own independent judgments. Local laws vary and the law may have changed since these documents were written. Litigants should fully research any claims or defenses before making them.

Rolland v. Patrick opinion

In April 2007, the Court ordered the defendant to provide "active treatment" to residents of nursing homes with mental retardation. The Court found the defendant to be in non-compliance with some provisions of the settlement agreement.

Rolland_non-compliance.pdf

Rolland Monitor Appointed

The Court has appointed a Monitor to oversee implementation of the agreements and orders in this case. A copy of the parties proposed order of appointment is available here. Posted July 2007.

Rolland-Monitor-Order.doc

Original Rolland Settlement Agreement

A copy of the original settlement agreement in the Rolland case is available below. The settlement called for transfers to community placements for many class members and active treatment for those who remained in nursing facilities.

Rolland-SA-4.PDF

Rolland Complaint

The original complaint in the Rolland case is available here.

Rolland-COMPLAIN.doc

Second Rolland Settlement Agreement

After six court orders finding the defendants in noncompliance, the Court approved a new Settlement Agreement that will dramatically expand community opportunities for persons with mental retardation who are confined in nursing facilities in Massachusetts.  The Agreement requires the Commonwealth to provide transition services and community placement for 640 class members in nursing facilities.  As a result, over 85% of current residents will have the opportunity to live in integrated settings in the community.  All remaining residents must be provided a full range of active treatment services promptly. 

Rolland-active-treatment-agreement.pdf

Brain injury case -- Hutchinson Complaint

This case is filed on behalf of Medicaid-eligible residents of nursing and rehabilitation facilities who have brain injuries.  It is the first lawsuit in the nation that seeks community services for persons with all forms of brain injuries, regardless of the cause.

Hutchinson-Complaint.DOC

Brain injury case -- Hutchinson settlement

Nearly 2000 individuals with brain injuries will be able to move out of nursing facilities and other institutions under a landmark settlement agreement signed June 2, 2008 by state officials and attorneys for the plaintiffs. The settlement agreement, which is subject to court approval, appears in the link below.

Hutchinson-Settlement.pdf

Hutchinson Notice to Class

The Court has ordered that class members be notified of the Hutchinson settlement. A Fairness Hearing is scheduled for July 25, 2008. The notice includes information about the settlement, how to obtain further information, how to comment on the settlement, and information about the Fairness Hearing. A copy of the settlement and a detailed summary are also available on this page. Posted June 16, 2008.

Hutchinson-class-notice.doc

Hutchinson settlement -- Summary

The link below will take you to a summary of the settlement in the Hutchinson case. The settlement itself and a copy of the Court ordered Notice to the Class are also available on this page.

Hutchinson-settlement-summary.doc