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Advocacy Home and Community Based News Study Session

Bringing People Home – On Marsters for NH Advocates and Workers

May 2024

You can read more about the settlement at the Marsters Overview post.

Attorneys (Stephen Schwartz and Kathy Walker from the Center for Public Representation) for the plaintiffs have prepared a webinar presentation, Bringing People Home – Understanding the Settlement Agreement in Marsters v. Healey. The presentation targets individuals who have regular communication with nursing facility residents in order to brief them on the goals of the lawsuit and the provisions of the Settlement Agreement. These individuals include, but are not limited to, transition case managers, nurse assessors, options counselors, ombuds staff, and similar personnel who are employed by Aging Service Access Points, Independent Living Centers, and Area Agencies on Aging as well as advocates. The objectives of the webinar and document are to provide sufficient basic information about the Agreement and associated rights which can be communicated to nursing home residents.

Webinar Materials:

Marsters v. Healey is the name of a lawsuit filed by six individuals with disabilities who are living in nursing facilities in Massachusetts brought against the Commonwealth of Massachusetts. The plaintiffs claimed that they could return to the community but needed support from the State to do so.

This Settlement Agreement will expand the resources available throughout Massachusetts for individuals such as the plaintiffs and thousands of people like them (called “class members”), allowing many nursing facility residents to receive residential services and supports provided in the community instead of in a nursing facility.

The federal Court must approve the Settlement Agreement before it is final. Each nursing facility resident Massachusetts (“a class member”) has an opportunity to object by May 31, 2024 to the Agreement before it is finalized.

Attorneys for the plaintiffs have prepared a webinar presentation for individuals who have regular communication with nursing facility residents to brief them on the goals of the lawsuit and the provisions of the Settlement Agreement. These individuals include, but are not limited to, transition case managers, nurse assessors, options counselors, ombuds staff, and similar personnel who are employed by Aging Service Access Points, Independent Living Centers, and Area Agencies on Aging. The objectives of the webinar are to provide sufficient basic information about the Agreement and associated rights which can be communicated to nursing home residents.

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