Under a new lawsuit, a settlement may allow Massachusetts nursing home residents with brain injuries to be transferred into community or single homes. The lawsuit was filed by the Stavros Center for Independent Living and the Brain Injury Association of Massachusetts on behalf of five individuals with brain injuries. The lawsuit states that Massachusetts violated the Americans with Disabilities Act by not offering sufficient services for individuals suffering from brain injuries who wish to live outside of institutions. There are approximately 8,000 patients with brain injuries living in the state, and only about 200 of them are in community residential programs. Support services are not offered to those who have received brain injuries as a result of a medical issue, but only to people who have trauma-related brain injuries.

The settlement could affect as many as 2,000 nursing home residents who are capable of assisted apartment living or residing in staff-supported community homes. The state will work alongside brain-injury advocates to determine whether an individual would be better suited to live alone or in group homes. Furthermore, individuals would be eligible for relocation only if they are also eligible for Medicaid. The relocation program would require creating two new programs that cost $15 million above the funds that are already spent to help those with brain injuries. The federal government plans to share the cost with the state. Over eight years, 200-250 people are expected to move into homes annually.