138 F. Supp. 2d 110 - Rolland v. Cellucci’s Empirical Analysis

Citation profile

3 federal appellate · 6 district · 1 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 12 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “At bottom, Defendants must ensure that Plaintiffs do not fall into the cracks be tween state-offered services and private nursing facilities. “Active treatment” is not merely aspirational. It means the same things for residents of nursing facilities as it does for residents of institutional or community programs. That is the intent of federal law and, by incorporation, the Settlement Agreement. That is particularly important given the fact that, by operation of the agreement, many class members who are nursing home residents will not be placed into community residences for several years to come.”

   2 later decisions quote this exact passage
   e.g. Rolland v. Patrick · 483 F. Supp. 2d 107 - Rolland v. Patrick

2. “The Defendants shall provide or arrange for the provision of specialized services, as defined by 42 U.S.C. § 1396r(7)(G)(iii) and 42 C.F.R. §§ 483.120 , 483.440(a), to all Massachusetts residents, as defined in 42 C.F.R. §§ 483.110 & 435.403, with mental retardation or developmental disabilities who currently reside in nursing homes in the Commonwealth and who have been determined, pursuant to 42 U.S.C. § 1396r(7)(B)(ii)(II), to need such services. Consistent with the Defendants’ policies and regulations, the Defendants may satisfy their obligations under this Agreement by providing class members with appropriate community residential and other supports.”

   1 later decision quote this exact passage
   e.g. 483 F. Supp. 2d 107 - Rolland v. Patrick

3. “15. Of the 858 nursing facility residents, according to the PASARR evaluators, who were not receiving all specialized services recommended in their PASARR evaluations as of July 1, 1998, the Defendants shall provide or arrange for those specialized services to all such residents by December 31, 1999. 16. For all other Massachusetts residents who are class members whose PASARRs recommend specialized services, Defendants shall provide or arrange for the provision of those specialized services by April 30, 2000, or within 90 days of the individual’s admission to a nursing facility, whichever is later.”

   1 later decision quote this exact passage
   e.g. 198 F. Supp. 2d 25 - Rolland v. Cellucci