Superior Court Judge Mitchell Kaplan today ruled that the Commonwealth must fully implement and fund Chapter 257 by the beginning of the state's 2016 fiscal year.

 

In a X-page decision, Kaplan said the Commonwealth has erred in not completing its obligations of setting new rates for human service providers as mandated by the 2008 law.

 

"Quote from the ruling," Kaplan said. "Finish the quote here."

 

Kaplan's order means that all rates must be set and funded by July 1, 2015 - the start of the first full fiscal year under Gov. Charles Baker.

 

"This is the outcome we were hoping for and expecting, and we look forward to working with the Baker administration to ensure the spirit of Chapter 257 is fulfilled," said Vic DiGravio, President/CEO for the Association for Behavioral Healthcare and a member of The Collaborative. "Judge Kaplan's ruling is great news not only for hundreds of non-profit providers who have been waiting to be fairly reimbursed for the work they have been doing, but for hundreds of thousands of individuals and families who depend on human service providers for their safety and well-being."

 

During a hearing on the lawsuit last week, the Collaborative argued the Commonwealth had failed to meet its responsibilities in setting and funding the rates, thereby putting hundreds of providers in financial peril. The state countered it was moving toward setting all the rates as quickly as possible, but admitted it had missed legal deadlines, alleging it was due to complexities in collaborating with providers.

 

But Judge Kaplan rejected that outright, writing, "Quote his dismissal of state's argument here."

 

The Collaborative - a consortium of associations whose members provides supports and services for hundreds of thousands of Massachusetts residents living with disabilities - filed suit against the Patrick administration last summer after repeated delays in the implementation of the law. The Collaborative  had agreed to two implementation delays - in 2008 and 2011 - but all rates were required to have been set by January 1, 2014 and implemented by July 1, 2015.

 

"It was never our desire to have this be determined by the courts, but justice has been served and we're thrilled for our members," DiGravio said. "There are some rates that have not been reviewed since 1987, so this ruling is a lifeline for countless people and service providers who require these very delayed funds for the delivery and receipt of quality services."