A team of Foley Hoag LLP attorneys helped structure an agreement reached in a class action lawsuit that expands opportunities for individuals in nursing facilities to receive the services they need to live in their communities of choice. The settlement, subject to court approval, invests in new housing opportunities and community-based programs for older adults and persons with physical disabilities or mental illness.

The lawsuit, known as Marsters v. Healey, was originally filed in October 2022 in the U.S. District Court for the District of Massachusetts against the Commonwealth by six individuals with disabilities living in nursing facilities who were unable to return to the community without additional support from the state. Under the proposed settlement, the state will expand funding for housing programs to assist individuals in nursing facilities who seek to return to the community, including the creation of rental vouchers designated for persons with disabilities who want to transition to the community, as well as the creation of new residential settings.

"This settlement is a natural next step forward as our administration expands community living options available for individuals residing in nursing facilities," said Governor Maura Healey. "We continue to look for opportunities to reduce disparities and inequities for older adults and individuals with disabilities and mental illness in Massachusetts."

The Commonwealth has also designated teams who will engage with nursing facility residents and help them make an informed choice about opportunities to receive services in the community. Nursing facility residents with mental illness will receive enhanced care coordination while they are in the nursing facility to ensure they receive needed specialized services so they can be discharged from the nursing facility as soon as possible. Through these initiatives, the state has committed to identifying and supporting the transition of at least 2,400 individuals from a nursing facility to the community over the next eight years.

"We appreciate that this litigation was able to serve as the beginning of a very productive collaboration between the Commonwealth and our public interest partners in implementing this Agreement," said Kristyn DeFilipp, Litigation Department Chair at Foley Hoag. "Through this cooperative effort, we are proud to be part of the team that will ultimately lead to a transformative solution for people with disabilities."

In addition to DeFilipp, the Foley Hoag team consisted of Andrew London, Dean Richlin, Jack C. Smith, Jeremy Meisinger, Jasmine Brown, Michelle Choi and Samuel Hoff.

Read a summary of the settlement agreement, the full agreement, and the Executive Office of Health and Human Services' press release.