Marsters, et al v. Healey, et al

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 complaint also notes the tragic impact of COVID-19 on nursing facilities, resulting in the death of thousands of people with disabilities.  Since the pandemic, and unnecessary institutionalization in nursing facilities in general, have a disparate impact on communities of color, the complaint seeks culturally-competent services that are accessible to, and designed to serve, these communities.

CPR is litigating this case with Greater Boston Legal Services, Justice in Aging, and Foley Hoag LLP.