|
Rolland v. Cellucci:
State to settle 10-year old complaint
(June 2008
Issue)
By Phyllis Hanlon
In 1998, the plight of more than 1,000 individuals with mental
retardation or developmental disabilities living in Massachusetts
nursing homes garnered public attention when Rolland v. Cellucci
was filed. The class action suit sought to place these patients
in suitable community settings and provide appropriate treatment
for those remaining in the nursing facilities. That battle is finally
closer to a happy ending.
According to Leo V. Sarkissian, executive director of The Arc-Massachusetts,
these individuals were placed in nursing homes upon discharge from
state institutions or when family members were unable to care for
them at home. The Arc and the Center for Public Representation joined
forces to integrate these individuals into a community-setting.
Jennifer Kritz, deputy communications director at the Executive
Office of Health and Human Services (EOHHS), says, "The settlement
in this long-standing case from previous administrations reflects
the state's ongoing commitment to our Community First agenda."
Sarkissian applauds the state government for acting on this decade-old
case. "I feel very positive about the outcome," he says. "I give
credit to the new administration for wanting to resolve this issue.
The state is looking to help people stay in their homes. I hope
this will be one more development to encourage that way of thinking."
While most individuals involved in the suit anticipate new living
conditions, some resist the idea of relocating. Kritz says, "Some
family members and guardians of persons with disabilities may have
questions and concerns about community-based services. The state
will work closely with families to assure them that community-based
residential services for persons with intellectual disabilities
will meet individuals' needs and provide improved care for their
loved ones."
Kritz reports that some 640 individuals have been recommended for
placement. "Some class members may have conditions or personal circumstances
that preclude transition from nursing facilities to the community
and they will continue to receive active treatment," she says. The
process will be individualized and based upon the person's needs,
proximity to family and other factors, Kritz adds. Community placements
are expected to take place over the course of a four-year period,
she says.
Individuals will be sent to a mixture of group homes, family homes,
accessible elderly housing, "whatever makes sense for the individual,"
according to Sarkissian.
He reports that The Arc plans to offer reassurance and education
about the process. "We'll assemble a team to educate and explain
this to patients and families," he says. "Resistance is due to lack
of knowledge. Some will need education."
Additionally, Arc hopes to ensure that individuals who are leaving
in later years of the transition receive appropriate help while
in the nursing home and have information prior to their discharge.
Sarkissian points out that the legislature must fund the settlement
before any action can take place. "If it's not funded this session,
it will go back," he says. "Getting the legislature to understand
the importance of funding the proposal might take some doing."
|
