Rosie D.
Reforming the Mental Health System in Massachusetts

News Stories & Feature Article

Periodically, news of important implementation activities will be described, together with a short feature article on a topic relevant to the reform of the mental health system in Massachusetts.

Rosie D. News Stories - December 2019

National Medical and Legal Organizations File Brief Supporting Children

The National Health Law Program, the American Academy of Pediatrics, the Massachusetts Chapter of the American Academy of Pediatrics, the Judge David L. Bazelon Center, and the National Center for Youth Law filed a friend of the court brief supporting childrens’ right to receive prompt treatment.  Drawing on their knowledge of the needs of children with emotional challenges, their experience with effective treatment interventions, and their longstanding commitment to the enforcement of Medicaid protections for children, these prominent national organizations argue that the history and intent of the Medicaid Act’s special provisions for children require that treatment be provided when and where needed.  The brief urges the Court of Appeals to affirm the district court’s decision finding that Massachusetts continues to violate the Medicaid Act when it fails to promptly provide critical home-based services.

CPR Files Brief in Appeals Court in Landmark Children’s Mental Health Case

Today, CPR filed its brief in an appeal by the Massachusetts Governor in the landmark children’s mental health case, Rosie D. v. Baker.  In August 2018, the State tried to end court monitoring and oversight of this case, arguing it had complied with all court orders.  CPR and co-counsel disagreed, pointing to long waiting lists for critical new services, like intensive service coordination.  Hundreds of children waited weeks, and sometimes months, for this core service, even though the State had established a 14-day timeline for starting this service, in order to comply with federal law.  In a detailed order, the district court refused to end its oversight, so the State appealed.  CPR’s brief to the First Circuit Court of Appeals argues that under federal law, the State must comply with its own 14-day timeline; its failure to do so constitutes both a violation of the Medicaid Act as well as the court’s remedial order. 

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