A Hard-Won Legacy

βThe Constitution does not permit warehousing of human beings.β
βJudge Joseph Tauro, U.S. District Judge, Ricci v. Okin
Federal Protections
In the 1970s, advocates like Benjamin Ricci exposed horrific conditions in Massachusetts institutions.
Their courage led to:
- The landmark Ricci v. Okin case
- Oversight of consent decree under Judge Joseph Tauro
- Federal licensing requirements that transformed care standards
Federal Protections for Individuals in Intermediate Care Facilities (ICF/IID)
These reforms didnβt just improve conditionsβthey enshrined federal protections for individuals in ICF/IID settings.
π Timeline: From Reform to Restriction
|
Year |
Event |
|
1972 |
Benjamin Ricci files
lawsuit after witnessing abuse at Belchertown |
|
1973 |
OTHER STATE SCHOOL
FAMILY ASSOCIATIONS (Fernald, Monson, Dever, Wrentham, and ARC) JOIN
LAWSUIT |
|
1977 |
Judge
Joseph Tauro issues consent decree in Ricci v. Okin |
|
1980s to
1990s |
Federal
licensing creates the Intermediate Care Facility (ICF) for
Intellectual/Developmental Disabilities (IDD) and the Individual Support Plan
(ISP) model for all residents, mandating Active Treatment, clinical
therapies, and day programs, and transforms care standards. INDIVIDUALS ARE ALSO OFFERED STATE
OPERATED COMMUNITY RESIDENCES. Court monitoring continues. Facilities are
right sized and capital improvements made. Funding was granted to build state-operated
group homes. |
|
1992 |
Beacon
Hill Institute[i]
publishes a report concluding that the closure of state operated facilities
may reduce quality of care and raise costs to the taxpayers. |
|
From 1993
onward |
Massachusetts
begins shifting individuals into privatized community-based care. |
|
From 1993
onward |
State
restricts ICF/IID admissions while reducing state operated group homes and
expanding privatized corporate group homes. After ICF
closures, Massachusetts shifted to a largely privatized group home model,
often funded through Medicaid Home and Community-Based Services (HCBS). Unlike
ICFs, group homes are not subject to federal ICF regulations or consistent
Department of Public Health (DPH) inspections. |
[i] SWHA was unable to obtain a copy of the original Beacon Hill Institute report. We used a secondary source: Hanafin, Teresa A., Locy, Toni, The Boston Globe, January 31, 1993
