Class action case on behalf of almost 2000 persons with intellectual and developmental disabilities in nursing facilities. The initial Settlement Agreement approved in 1999 required the Commonwealth of Massachusetts to provide community placement to 1100 persons and specialized services and active treatment to all persons while they remain in a nursing facility. After several findings of noncompliance for failing to provide all necessary active treatment services, the district court adopted CMS’ active treatment standards, appointed a court monitor, and approved a detailed monitoring protocol. The Commonwealth subsequently entered into a new Settlement Agreement on Active Treatment in 2007 which resulted in community placements for an additional 650 class members. Case dismissed in May 2013, after a finding of substantial compliance with both Settlement Agreements.
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