Lawsuit Accuses Massachusetts of ‘Abandoning Its Obligation’ to Children with Severe Disabilities

Five children have filed a class-action lawsuit against Massachusetts, accusing the state of "abandoning its obligation" to provide private duty nurses to 500 children and young adults with severe disabilities, the Boston Globe reports. The lawsuit, filed on Dec. 17 in a Boston federal court, alleges that MassHealth -- which administers a program that provides private duty nurses to severely disabled children under Medicaid -- has "made it impossible" for the children to receive care "because it doesn't pay competitive nursing wages or overtime." The lawsuit names acting Massachusetts Gov. Jane Swift (R) and other state officials as defendants. Tim Sindelar, an attorney with the Disability Law Center who filed the suit on behalf of the five children, said, "There's no question about these children being eligible for this service. But then there is an inability to meet that need because the system doesn't work well enough." Sarah Barth, a spokesperson for the state Division of Medical Assistance, did not comment on the lawsuit, but said that MassHealth last December increased rates for private duty nurses by 13%. But officials at two agencies under contract with the state to provide private duty nurses called the increase "inadequate," adding that they "have a hard time attracting and retaining nurses and making any kind of profit at all." MassHealth requires the agencies to offer private duty nurses wages of at least $24.92 per hour, which includes the cost of health coverage and liability insurance. The state reimburses the agencies at a rate of $34.92 per hour, which covers wages and benefits, according to state officials. David Schildmeier, a spokesperson for the Massachusetts Nurses Association, said that the state Joint Committee on Human Services and Elderly Affairs has considered legislation filed earlier this year that would allow the state to "hire nurses directly" to provide home care to children with severe disabilities (Murphy, Boston Globe, 12/18).