Collaborative Asks Court to Enforce Chapter 257 Compliance

State Leaves Sizable Group Behind With Late or No Rate Adjustment

Today, The Collaborative and its member organizations filed a complaint in Middlesex Superior Court against the Massachusetts Secretary of the Executive Office of Health and Human Services (EOHHS) citing the failure of EOHHS to fully implement Chapter 257, a law requiring adequate reimbursements be paid for supports and services that are provided to people with disabilities and others dependent upon the state's social safety network.

We are greatly disappointed and frustrated that we were forced to come to this decision, but please be assured this is an action of last resort. Most of you are well-versed about our countless discussions with EOHHS since the legislation was passed unanimously by both branches of the legislature and signed into law in 2008, as well as subsequent delays halting full implementation. In recent months, the full Administration [EOHHS along with Executive Office of Administration and Finance (EOAF) and the Governor's Chief of Staff] has been involved in numerous negotiations, but late last week it was clear they would not adequately fund community services and supports for the aforementioned populations served.

We are dismayed with the lack of action and the Administration's reluctance to honor the laws of the Commonwealth. We simply cannot wait any longer. While some sectors have seen their rates set, many have not had them set at adequate levels. In addition, others have not had them set at all. This has placed enormous fiscal pressures on our workforce and on the population we serve, with key services either scaled back or eliminated. We must file this complaint because of these unfortunate circumstances.

Worse, the Administration is claiming that in many service categories they are only obligated to set potential rates, but not actually pay those rates. The Collaborative feels this position is patently in conflict with the intent of the legislature and in violation of the law.

Serving the needs of persons with disabilities is vital to their quality of life and overall success. Our members, employees and families do not deserve to be relegated as after-thoughts while decision makers behind the state budget fully fund or even give sizable increases to other areas. It has been 26 years since Beacon Hill has agreed to an across-the-board rate adjustment, and if we sit in silence, it may be another quarter century before we are given our just due. It is terribly ironic the state has put us in the position of going to the courts to seek compliance with state law. We expect the state to apply its own rules, laws and regulations fairly and on time. We are doing this for the people for whom we are providing supports and services and who deserve so much more than what the Commonwealth is currently offering.

The Collaborative is represented by Robert Griffin, Esq. and Janet Lundberg, of Krokidas & Bluestein.

We appreciate and thank you for your leadership, patience and generous support. Without it from all of you, we would not have been able to get to this point.

The complaint is being filed by Association of Behavioral Healthcare, Association of Developmental Disabilities Providers, Providers' Council, Children's League of Massachusetts and Massachusetts Early Intervention Consortium, whose combined members is more than 500 organizations representing hundreds of thousands of individuals.