State settles lawsuit seeking community placements for disabled

The Associated Press

BOSTON— The Patrick administration has settled a class action lawsuit filed by disabled residents who want to move out of nursing homes and into the community.

The federal lawsuit was filed in 1998 on behalf of Lorretta Rolland, a disabled Agawam woman. It sought to place people with mental or physical disabilities who were living in nursing homes into apartments or group homes.

At the time, Rolland said she wanted a "real home and a real life like other people have."

Under a previous settlement, about 1,000 people were placed in the community between 2000 and 2007.

Thursday's agreement settles the plaintiffs' contention that people with mental retardation and developmental disabilities who remained in nursing homes were not getting all the care they needed.

The settlement will move another 640 people from nursing homes into the community.

Although nursing homes provide proper medical care, not all provide the proper cognitive therapy, physical therapy and other critical needs, said Jean Mcguire, assistant secretary for disability for Health and Human Services.

"What's wonderful about this settlement ... is that we have set a longterm care policy of community first," she said.

The state was spending about $80 million annually for nursing home care. The costs are expected to be slightly higher for community based care, Mcguire said.

The Disability Law Center, which first filed the suit in federal court in Springfield, claimed the state was in violation of the Americans with Disabilities Act, Medicaid law and the Nursing Home Reform Act.

The Disability Law Center did not immediately return calls for comment.

The agreement officially closes the case.