Bill S.2739

SENATE . . . . . . . . . . . . . . No. 2739

The Commonwealth of Massachusetts

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In the One Hundred and Ninety-Second General Court
(2021-2022)

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SECTION 1. Section 17 of chapter 6 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out, in lines 4 to 7, inclusive, the words “, and the superintendent, the board of trustees of the Soldiers’ Home in Holyoke, who shall have the title of superintendent and is appointed by the board of trustees of the Soldiers’ Home in Holyoke”.

SECTION 2. Section 17A of said chapter 6, as so appearing, is hereby amended by inserting after the word “transportation,”, in line 8, the following words:- the secretary of veterans’ services.

SECTION 3. Sections 40, 41, 70 and 71 of said chapter 6 are hereby repealed.

SECTION 4. Section 105 of said chapter 6, as appearing in the 2020 Official Edition, is hereby amended by striking out, in line 17, the word “commissioner” and inserting in place thereof the following word:- secretary.

SECTION 5. Section 124A of said chapter 6, as so appearing, is hereby amended by striking out, in line 3, the word “commissioner” and inserting in place thereof the following word:- secretary.

SECTION 6. Said chapter 6 is hereby amended by adding the following 2 sections:-

Section 222. (a) There shall be a Massachusetts veterans’ homes advisory council. The council shall advise the secretary of veterans’ services to ensure the health, wellbeing and safety of residents of state-operated veterans’ homes and access to equitable, high quality and competent care for veterans across all regions of the commonwealth. The council shall consist of: the executive director of the office of veterans’ homes and housing or a designee, who shall serve as chair; the secretary of health and human services or a designee; the chair of each regional council for each state-operated veterans’ home; the adjutant general of the Massachusetts National Guard or a designee; the department commander of the American Legion, Department of Massachusetts, Inc. or a designee; the department adjutant of the Disabled American Veterans of Massachusetts or a designee; the state commander of Veterans of Foreign Wars Department of Massachusetts or a designee; 5 members appointed by the governor, 1 of whom shall represent the interests of female veterans and be resident of the commonwealth, 1 of whom shall represent the interests of minority veterans and be resident of the commonwealth, 1 of whom shall represent the interests of the LGBTQ veteran community and be a resident of the commonwealth, 1 of whom shall have experience in labor relations and 1 of whom shall, by education or experience, be qualified in business and fiscal management and have a demonstrated interest in the concerns of veterans; and 3 members appointed by the secretary of health and human services, 1 of whom shall have professional knowledge in long-term health care or geriatric health care, 1 of whom shall have experience in nursing and 1 of whom shall be qualified in clinical services and preferably have demonstrated experience treating post-traumatic stress disorder in veterans.

The council shall elect a chair pro tempore, a secretary and a clerk whose duties and responsibilities shall be set forth by the chair and approved by a vote of the council. The appointed members shall serve for a term of 3 years or until a successor is appointed. An appointed member may be removed for cause at any time during the member’s term by the appointing authority. A vacancy shall be filled for the balance of the unexpired term in the same manner as the original appointment. Members of the council shall serve without compensation but may receive reasonable reimbursement for travel and expenses incurred in the discharge of their duties. A majority of the appointed and serving members of the council shall constitute a quorum of the council for the transaction of business. An action of the council shall be approved by a majority vote of the members present at a meeting where a quorum is present.

The council shall meet as often as the chair deems necessary or appropriate but not less than 4 times per calendar year. The council shall consult and meet not less than biannually with the regional councils for each state-operated veterans’ home. The council shall meet not less than biannually with representatives of all unions employed at all state-operated veterans’ homes and the ombudsperson of the homes.

(b) The council shall recommend policies and propose rules and regulations pertaining to state-operated veterans’ homes to the secretary of veterans’ services. To assist in making such recommendations, the council shall: (i) have the authority to visit and review the operation of each state-operated veterans’ home; (ii) have the authority to review and comment on rules and regulations promulgated by the department of veterans’ services concerning the homes before the rules and regulations are submitted for public comment; (iii) have direct communications and establish effective working relationships and lines of communication with appropriate state offices and staff; (iv) review and provide written comments to the executive director of veterans’ homes and housing and the secretary of veterans’ services regarding the system of governance and oversight for the homes, which shall include all rules, regulations and laws necessary for effective management and preserving the health and welfare of the veterans admitted to state-operated veteran health care and long-term care facilities; and (v) monitor the progress of capital construction projects at current or future homes. The council shall refer any complaints it receives regarding the health, safety, welfare or rights of residents or staff of any state-operated veterans’ home to the ombudsperson established in section 15 of chapter 115A.

(c) All members of the council shall complete annual training regarding their roles and responsibilities developed by the executive director of veterans’ homes and housing in consultation with the superintendents of each state-operated veterans’ home. Training for council members shall include, but not be limited to, training on their fiduciary responsibilities pursuant to all applicable statutes, rules and processes mandated by the office of the comptroller and the executive office for administration and finance and procurement rules for public agencies.

(d) Annually, not later than September 30, the council shall file a report on its activities. The report shall include, but not be limited to: (i) the census and demographics of each state-operated veterans’ home; (ii) an accounting of all revenues received and expended; (iii) any recommendations for improvements to the homes; (iv) a description of staffing levels at each home and a determination as to whether staffing levels meet industry standards; (v) a list of complaints, charges or recommendations from patients, family members and guardians and corresponding actions taken; and (vi) ) recommendations to increase regional equity and accessibility, as well as equitable access for people of all identities, including, but not limited to, race, religion, sex, gender identity and sexual orientation; and (vii) all other matters the council considers pertinent. The council shall consider in its report the needs of the changing veteran population in the commonwealth, including, but not limited to, service-related injuries, mental health and gender related needs. Each state-operated veterans’ home shall provide the council with all information necessary to carry out these requirements. Information received from the homes shall be confidential and all personally identifiable information shall be redacted from the final report. The report shall be filed with the secretary of veterans’ services, the executive director of veterans’ homes and housing, the secretary of health and human services, the clerks of the house of representatives and the senate, the joint committee on veterans and federal affairs, the joint committee on public health and the house and senate committees on ways and means.

Section 223. (a) There shall be a regional council for each state-operated veterans’ home in the commonwealth to represent the local community, residents and family members of each home. Each council shall consist of 7 members and shall be appointed by the executive director of veterans’ homes and housing, with the approval of the secretary of veterans’ services. Not less than 3 of the members of the council at each home shall be veterans, not less than 4 of the members of the council at each home shall reflect the geographic composition of the residents of the respective veterans’ home and at least 1 member of the council at each home shall have a family member who is a resident of the respective home. Members shall serve for 3 years. Upon the expiration of the term of office of a member, their successor shall be appointed in the same manner as the initial appointment. The secretary of veterans’ services may remove a member for cause at any time. The members shall vote to select a chair. The members shall serve without compensation, but may receive reasonable reimbursement for travel and expenses incurred in the discharge of their duties.

(b) All members shall complete an annual training regarding their roles and responsibilities which shall be developed by the executive director of veterans’ homes and housing in consultation with the superintendent of the council’s respective home.

(c) Each council shall advise the superintendent of their respective home on the management and control of all property, real and personal, belonging to the commonwealth and occupied or used by state-operated veterans’ homes pursuant to the superintendent’s responsibility under subsection (b) of section 14 of chapter 115A.

(d) Each council shall have the power to: (i) visit its respective veterans’ home; (ii) take comments from residents, family of residents and home staff pertaining to the operation of the home; (iii) recommend policies, rules and regulations regarding the operations and oversight of their respective state-operated veterans’ home to the superintendent, the Massachusetts veterans’ home advisory council and the executive director of veterans’ homes and housing; and (iv) submit comments to the superintendent of their respective home on the fiscal year budget proposed by the superintendent for the home pursuant to subsection (c) of section 14 of chapter 115A. Each council shall submit a nomination for the superintendent of their respective home, and may submit recommendations for removal of the superintendent to the executive director of veterans’ homes and housing pursuant to subsection (a) of said section 14 of said chapter 115A.

(e) Each council shall meet: (i) as a body as often as the chair deems necessary or appropriate but not less than every other month; (ii) with representatives of all unions employed at their respective home and the ombudsperson not less than biannually; (iii) with community members to discuss improvements and needs of their respective home not less than biannually; and (iv) with the Massachusetts veterans’ homes advisory council, superintendent of the council’s respective home and executive director of veterans’ homes and housing not less than biannually. Annually, the councils shall have a joint meeting to share best practices.

(f) Annually, not later than September 30, each council shall report on its activities, including, but not limited to: (i) a record of its meetings; (ii) a summary of complaints and comments received from staff, residents, family members of residents and the general public regarding its respective home; (iii) a summary of comments submitted to the superintendent of their respective home on the fiscal year budget for the home presented to the council by the superintendent pursuant to subsection (c) of section 14 of chapter 115A; (iv) any recommendations to improve access to equitable, high quality and culturally competent care to veterans served by its respective home; and (v) any other recommendations for improvement of its respective home. The report shall be submitted to the Massachusetts veterans’ homes advisory council, the secretary of veterans’ services, the executive director of veterans’ homes and housing, the secretary of health and human services, the clerks of the house of representatives and the senate, the joint committee on veterans and federal affairs, the joint committee on public health and the house and senate committees on ways and means.

SECTION 7. Section 2 of chapter 6A of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out, in line 6, the words “and transportation and public works” and inserting in place thereof the following words:- , transportation and veterans’ services.

SECTION 8. Section 16 of said chapter 6A, as so appearing, is hereby amended by striking out, in lines 34 to 37, inclusive, the words “(5) the department of veterans’ services under the direction of the secretary of veterans’ services, who shall be appointed by the governor, which shall include the Soldiers' Home in Massachusetts and the Soldiers' Home in Holyoke; (6) the managed care oversight board; (7) the health facilities appeals board; and (8) the office of health equity” and inserting in place thereof the following words:- (5) the managed care oversight board; (6) the health facilities appeals board; and (7) the office of health equity.

SECTION 9. Said chapter 6A is hereby amended by adding the following 3 sections:-

Section 105. There shall be a department of veterans’ services under the supervision and control of a secretary of veterans’ services, who shall be appointed by the governor, and who shall serve at the pleasure of the governor and may be removed by governor at any time. This position shall be classified in accordance with section 45 of chapter 30 and the salary shall be determined in accordance with section 46C of said chapter 30. The secretary shall devote their full-time during business hours to the duties of their office. The secretary shall be the state agent for the settlement of pension, bounty, back pay, compensation and other claims of citizens of the commonwealth against the government of the United States, or any state thereof, on account of military or naval service and shall assist and advise war veterans, and their dependents, heirs or legal representatives, with respect to the filing, prosecution and settlement of such claims.

Section 106. The secretary shall be allowed their traveling expenses when necessary for the secretary to visit the city of Washington, and may expend for such purpose and for all other expenses necessary for the proper performance of the secretary’s duties such sums as are annually appropriated therefor.

Section 107. The secretary of veterans’ services shall appoint and may remove a deputy secretary of veterans’ services who shall devote their full-time during business hours to the duties of their office. The deputy secretary shall be subject to the direction and control of the secretary. The deputy secretary shall perform the duties of the secretary during the secretary’s absence on account of disability or other reason.

SECTION 10. Section 4H of chapter 7 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out, in line 98, the word “commissioner” and inserting in place thereof the following word:- secretary.

SECTION 11. Sections 4M to 4O, inclusive, of said chapter 7 are hereby repealed.

SECTION 12. Section 18A of chapter 8 of the General Laws, as so appearing, is hereby amended by striking out, in lines 6, each time it appears, 7, 8 and 10, the word “commissioner” and inserting in place thereof, in each instance, the following word:- secretary.

SECTION 13. Section 7 of chapter 10 of the General Laws, as so appearing, is hereby amended by striking out, in lines 2 and 3, the words “the Soldiers’ Home in Massachusetts and of the Soldiers’ Home in Holyoke” and inserting in place thereof the following words:- state-operated veterans’ homes.

SECTION 14. Section 62 of chapter 22C of the General Laws, as so appearing, is hereby amended by striking out, in lines 2 and 3, the words “the Soldiers’ Home in Holyoke, or the Soldiers’ Home in Massachusetts located in the city of Chelsea, as the case may be” and inserting in place thereof the following words:- a state-operated veterans’ home.

SECTION 15. Section 9B of chapter 30 of the General Laws, as so appearing, is hereby amended by striking out, in lines 3 and 4, the word “the soldiers’ homes in Massachusetts” and inserting in place thereof the following words:- a state-operated veterans’ home’.

SECTION 16. Section 24A of said chapter 30, as so appearing, is hereby amended by striking out, in lines 20 and 21, the words “Soldiers’ Home in Massachusetts, Soldiers’ Home in Holyoke” and inserting in place thereof the following words:- state-operated veterans’ homes.

SECTION 17. Section 49 of chapter 31 of the General Laws, as so appearing, is hereby amended by striking out, in line 14, the words “soldiers’ home in Massachusetts” and inserting in place thereof the following words:- state-operated veterans’ home in the city of Chelsea.

SECTION 18. Section 91 of chapter 32 of the General Laws, as so appearing, is hereby amended by striking out, in line 54, the words “the Soldiers’ Home in Massachusetts or the Soldiers’ Home in Holyoke” and inserting in place thereof the following words:- a state-operated veterans’ home.

SECTION 19. Section 13 of chapter 58 of the General Laws, as so appearing, is hereby amended by striking out, in lines 58 and 59, the words “the Soldiers’ Home in Massachusetts, the Soldiers’ Home in Holyoke” and inserting in place thereof the following words:- a state-operated veterans’ home.

SECTION 20. Section 6 of chapter 62 of the General Laws, as so appearing, is hereby amended by striking out, in line 1108, the word “commissioner” and inserting in place thereof the following word:- secretary.

SECTION 21. Section 21 of chapter 62C of the General Laws, as so appearing, is hereby amended by striking out, in lines 58 and 59, the word “commissioner” and inserting in place thereof the following word:- secretary.

SECTION 22. Section 38GG of chapter 63 of the General Laws, as so appearing, is hereby amended by striking out, in lines 2 and 28, the word “commissioner” and inserting in place thereof, in each instance, the following word:- secretary.

SECTION 23. Section 18 of chapter 66 of the General Laws, as so appearing, is hereby amended by striking out, in lines 3 and 4, the words “commissioner of veterans’ services, or records kept by him” and inserting in place thereof the following words:- secretary of veterans’ services or records kept by the secretary.

SECTION 24. Section 70E of chapter 111 of the General Laws, as so appearing, is hereby amended by striking out, in lines 12 and 13, the words “the Soldiers Home in Holyoke, the Soldiers’ Home in Massachusetts” and inserting in place thereof the following words:- a state-operated veterans’ home.

SECTION 25. Said chapter 111 is hereby amended by inserting after section 73B the following section:-

Section 73C. (a) The department of public health shall conduct inspections of all state-operated veterans’ homes as the department deems necessary but not less than twice annually; provided, however, that during emergency operations, as declared by the secretary of veterans’ services or the governor, the department shall conduct inspections of all state-operated veterans’ homes not less than once every 30 days.

(b) After an inspection, the department shall notify the superintendent of the state-operated veterans’ home in writing of every violation of applicable rules and regulations and specify a reasonable period of time, not exceeding 30 days after receipt of the notice, for the superintendent to provide a plan to remediate any such violation. After the specified period of time has passed, the department shall conduct a follow-up inspection of the home to ensure compliance. If the superintendent of the state-operated veterans’ home has failed to remedy the violation at the time of the follow-up inspection, the superintendent shall report weekly to the department detailing steps taken towards, and the expected date of, remediation. Not less than 30 days after the superintendent notifies the department that a violation has been remedied, the department shall conduct an inspection of the state-operated veterans’ home to verify that the violation has been remedied.

(c) Not later than 30 days after each inspection, the department shall report its findings to the Massachusetts Veterans’ Home Advisory Council, the regional council of the inspected home, the executive director of veterans’ homes and housing, the secretary of veterans’ services, the joint committee on veterans and federal affairs and the joint committee on public health. Inspection reports and corrections of violations shall be made available to the public on the department’s website.

SECTION 26. Section 1 of chapter 113 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out, in lines 6 and 7, the words “the Soldiers’ Home in Massachusetts and the Soldiers’ Home in Holyoke”, and inserting in place thereof the following words:- the state-operated veterans’ homes.

SECTION 27. Section 1 of chapter 115 of the General Laws, as so appearing, is hereby amended by striking out the definition of “Commissioner”.

SECTION 28. Said section 1 of said chapter 115, as so appearing, is hereby further amended by inserting after the definition of “Institution” the following definition:-

“Secretary”, the secretary of veterans’ services.

SECTION 29. Section 2 of said chapter 115, as so appearing, is hereby amended by striking out, in lines 1, 18, 24 and 25, 29, 58, 59, 73, 140 and 141, 153, 161 and 167, the word “commissioner” and inserting in place thereof, in each instance, the following word:- secretary.

SECTION 30. Section 2A of said chapter 115, as so appearing, is hereby amended by striking out the word “commissioner”, in lines 1 and 17, and inserting in place thereof, in each instance, the following word:- secretary.

SECTION 31. Section 2C of said chapter 115, as so appearing, is hereby amended by striking out, in lines 1 and 9, the word “commissioner and inserting in place thereof, in each instance, the following word:- secretary.

SECTION 32. Section 3 of said chapter 115, as so appearing, is hereby amended by striking out, in line 20, the word “commissioner” and inserting in place thereof the following word:- secretary.

SECTION 33. Section 4 of said chapter 115, as so appearing, is hereby amended by striking out, in lines 5, 9 and 12, the word “commissioner” and inserting in place thereof, in each instance, the following word:- secretary.

SECTION 34. Section 5 of said chapter 115, as so appearing, is hereby amended by striking out, in lines 13, 28, 30, 40, 42, each time it appears, 64, 74, 87, 89 and 90, 92, 106 and 115, the word “commissioner” and inserting in place thereof, in each instance, the following word:- secretary.

SECTION 35. Said section 5 of said chapter 115, as so appearing, is hereby amended by striking out, in lines 38 and 39, the words “soldiers’ or sailors' home or from a soldiers’ home” and inserting in place thereof the following words:- veterans’ or sailors' home or from a state-operated veterans’ home.

SECTION 36. Section 5A of said chapter 115, as so appearing, is hereby amended by striking out, in lines 41, 45 and 46, 47, each time it appears, 50 and 51 and 52, the word “commissioner” and inserting in place thereof, in each instance, the following word:- secretary.

SECTION 37. Section 6 of said chapter 115, as so appearing, is hereby amended by striking out, in lines 9 and 10, 11 and 12, 14 and 18, the word “commissioner” and inserting in place thereof, in each instance, the following word:- secretary.

SECTION 38. Section 6C of said chapter 115, as so appearing, is hereby amended by striking out, in line 2, the word “commissioner” and inserting in place thereof the following word:- secretary.

SECTION 39. Section 7 of said chapter 115, as so appearing, is hereby amended by striking out, in lines 4 and 5 and 14, the word “commissioner” and inserting in place thereof, in each instance, the following word:- secretary.

SECTION 40. Section 8 of said chapter 115, as so appearing, is hereby amended by striking out, in lines 26, 27, each time it appears, 30 and 38, the word “commissioner” and inserting in place thereof, in each instance, the following word:- secretary.

SECTION 41. Section 9 of said chapter 115, as so appearing, is hereby amended by striking out, in line 27, the word “commissioner” and inserting in place thereof the following word:- secretary.

SECTION 42. Section 12 of said chapter 115, as so appearing, is hereby amended by striking out, in line 9, the word “commissioner” and inserting in place thereof the following word:- secretary.

SECTION 43. Section 14 of said chapter 115, as so appearing, is hereby amended by striking out, in line 3, the word “commissioner” and inserting in place thereof the following word:- secretary.

SECTION 44. Section 1 of chapter 115A of the General Laws, as so appearing, is hereby amended by striking out, in lines 7 and 8, the words “, the Soldiers’ Home in Massachusetts and the Soldiers’ Home in Holyoke” and inserting in place thereof the following words:- a state-operated veterans’ home.

SECTION 45. Section 4 of said chapter 115A, as so appearing, is hereby amended by striking out, in lines 7 and 8, the words “the Soldiers’ Home in Massachusetts and the Soldiers’ Home in Holyoke” and inserting in place thereof the following words:- a state-operated veterans’ home.

SECTION 46. Said section 4 of said chapter 115A, as so appearing, is hereby further amended by striking out, in line 9, the words “said Homes” and inserting in place thereof the following words:- the state-operated veterans’ homes.

SECTION 47. Said section 4 of said chapter 115A, as so appearing, is hereby further amended by striking out, in line 14, the words “said Homes” and inserting in place thereof the following words:- a state-operated veterans’ home.

SECTION 48. Section 5 of said chapter 115A is hereby repealed.

SECTION 49. Section 6 of said chapter 115A, as appearing in the 2020 Official Edition, is hereby amended by striking out, in line 4, the word “either of said Homes” and inserting in place thereof the following words:- a state-operated veterans’ home.

SECTION 50. Said section 6 of said chapter 115A, as so appearing, is hereby further amended by striking out, in lines 5 and 6, the words “commandant or”.

SECTION 51. Said section 6 of said chapter 115A, as so appearing, is hereby further amended by striking out, in lines 11, 13 and 14, 17 and 20, the words “said Home” and inserting in place thereof, in each instance, the following words:- the home.

SECTION 52. Section 7 of said chapter 115A, as so appearing, is hereby amended by striking out, in line 1, the words “either of such Homes” and inserting in place thereof, in each instance, the following words:- “a state-operated veterans’ home”.

SECTION 53. Said section 7 of said chapter 115A, as so appearing, is hereby further amended by striking out, in lines 3, 4, 8, 11, 20, 24, 26 and 31, the word “Home” and inserting in place thereof, in each instance, the following word:- home.

SECTION 54. Section 8 of said chapter 115A, as so appearing, is hereby amended by striking out, in line 1, the words “Soldiers’ Homes” and inserting in place thereof the following words:- state-operated veterans’ homes.

SECTION 55. Said section 8 of said chapter 115A, as so appearing, is hereby further amended by striking out, in line 2, the word “Homes” and inserting in place thereof the following word:- homes.

SECTION 56. Said section 8 of said chapter 115A, as so appearing, is hereby further amended by striking out, in line 5, the word “Soldiers’ Home” and inserting in place thereof the following word:- home.

SECTION 57. Said section 8 of said chapter 115A, as so appearing, is hereby further amended by striking out, in lines 6 and 10, the word “Home” and inserting in place thereof, in each instance, the following word:- home.

SECTION 58. Section 9 of said chapter 115A, as so appearing, is hereby amended by striking out, in line 3, the words “Soldiers’ Home in Massachusetts” and inserting in place thereof the following words:- state-operated veterans’ home in the city of Chelsea.

SECTION 59. Section 10 of said chapter 115A, as so appearing, is hereby amended by striking out, in lines 1 and 2, the word “commandant of the Soldiers’ Home in Massachusetts” and inserting in place thereof the following words:- superintendent of the state-operated veterans’ home in the city of Chelsea.

SECTION 60. Section 10A of said chapter 115A, as so appearing, is hereby amended by striking out, in lines 1, 10, 22, 26, 28, 33, 38 and 50, and inserting in place thereof, in each instance, the following words:- superintendent.

SECTION 61. Said section 10A of said chapter 115A, as so appearing, is hereby amended by striking out, in lines 1 and 2 and lines 15 and 16, the words “Soldiers’ Home in Massachusetts”, and inserting in place thereof, in each instance, the following words:- state-operated veterans’ home in the city of Chelsea.

SECTION 62. Said section 10A of said chapter 115A, as so appearing, is hereby further amended by striking out, in line 21, the words “Soldiers’ Home” and inserting in place thereof the following word:- state-operated veterans’ home in the city of Chelsea.

SECTION 63. Said section 10A of said chapter 115A, as so appearing, is hereby further amended by striking out, in lines 32 and 35, the word “commandant’s” and inserting in place thereof, in each instance, the following word:- superintendent’s.

SECTION 64. Section 11 of said chapter 115A, as so appearing, is hereby amended by striking out, in line 1, the words “Soldiers’ Home in Massachusetts”, and inserting in place thereof the following words:- state-operated veterans’ home in the city of Chelsea.

SECTION 65. Section 12 of said chapter 115A, as so appearing, is hereby further amended by striking out, in lines 2, 8 and 11, the word “commissioner” and inserting in place thereof, in each instance, the following word:- secretary.

SECTION 66. Said section 12 of said chapter 115A, as so appearing, is hereby amended by inserting after the word “the”, in line 16, the following words:- state-operated.

SECTION 67. Said section 12 of said chapter 115A, as so appearing, is hereby further amended by striking out, in lines 19 to 21, inclusive, the words “board of trustees of the Soldiers’ Home in Massachusetts and the Soldiers’ Home in Holyoke jointly at least twice per calendar year”, and inserting in place thereof the following words:- Massachusetts veterans’ homes advisory council not less than quarterly in accordance with subsection (e) of section 15 of chapter 115A.

SECTION 68. Said section 12 of said chapter 115A, as so appearing, is hereby further amended by striking out, in lines 24 to 29, inclusive, the words “ provided, however, that the boards of trustees of the Soldiers’ Home in Massachusetts and the Soldiers’ Home in Holyoke shall not be subject to the control of the executive director; and provided further, that the executive director shall not have control over the day-to-day operations of the Soldiers’ Home in Massachusetts or the Soldiers’ Home in Holyoke.” and inserting in place thereof the following words:- provided, however, that the executive director shall not have control over the day-to-day operations of a state-operated veterans’ home.

SECTION 69. Said section 12 of said chapter 115A, as so appearing, is hereby further amended by striking out, in lines 31 and 39, the word “soldiers’” and inserting in place thereof the following words:- state-operated veterans’.

SECTION 70. Said section 12 of said chapter 115A, as so appearing, is hereby further amended by striking out, in lines 42 and 43, the words “Soldiers’ Home in Massachusetts and the Soldiers’ Home in Holyoke” and inserting in place thereof the following words:- state-operated veterans’ homes.

SECTION 71. Said chapter 115A is hereby amended by adding the following 5 sections:-

Section 13. The secretary of veterans’ services shall promulgate rules and regulations pertaining to the operation and administration of the state-operated veterans’ homes. The secretary, in consultation with the executive director of veterans’ homes and housing, shall continually evaluate the performance of the state-operated veterans’ homes and take any action necessary to ensure the safety and welfare of residents of the homes.

Section 14. (a) Each state-operated veterans’ home shall have a: (i) superintendent, who shall serve as the administrative head of the veterans’ home and who shall report to the executive director of veterans’ homes and housing; and (ii) deputy superintendent, who shall report to the superintendent. The superintendent and deputy superintendent shall be appointed by the executive director of veterans’ homes and housing with priority given to candidates who are veterans and may be removed by the executive director without cause.

The superintendent for each veterans’ home shall be licensed as a nursing home administrator pursuant to section 109 of chapter 112 of the General Laws and have an understanding of veterans’ issues, experience with management of a nursing home or long-term care facility and shall have knowledge of and experience with fiscal management practices and labor relations.

The executive director of veterans’ homes and housing shall provide notice of a vacancy in the position of superintendent or deputy superintendent at a veterans’ home within 10 days of the vacancy to the secretary of health and human services, the Massachusetts Veterans’ Homes Advisory Council and the regional council of the state-operated veterans’ home at which the vacancy exists. The secretary of health and human services, the Massachusetts Veterans’ Homes Advisory Council and the regional council of the state-operated veterans’ home at which the vacancy exists shall submit nominations to the executive director of veterans’ homes and housing for a candidate to fill the vacancy.

Recommendations for the removal of a superintendent or deputy superintendent may be submitted to the executive director of veterans’ homes and housing by the secretary of health and human services, the Massachusetts Veterans’ Homes Advisory Council and the regional council of the state-operated veterans’ home at which the superintendent or deputy superintendent has been appointed.

(b) Each superintendent shall be responsible for the management and control of all property, real and personal, belonging to the commonwealth and occupied or used by their respective state-operated veterans’ homes, and shall hold and administer in trust the property included in the legacy fund established under section 7 of chapter 115 and the effects accounts, if and when the transfer thereof to the commonwealth is effected pursuant to a decree of a court of competent jurisdiction, and in accordance with the terms and conditions imposed by such decree.

(c) Each superintendent shall be responsible for the day-to-day management and operation of their respective state-operated veterans’ home and shall ensure that facilities, personnel, operations and finances are well managed and a high quality of care is maintained. The responsibilities of a superintendent shall include, but not be limited to: (i) developing organizational policies and procedures for the home; (ii) conducting recruitment, hiring and training of personnel; (iii) directing, supervising and evaluating the work of personnel; (iv) remaining up to date on medical advances and equipment; (v) ensuring compliance with government regulations and policies; (vi) ensuring regular communication with state agencies and bodies; (vii) managing fiscal planning and operations; and (viii) monitoring the use of services and facilities to ensure effective use of resources and to assess future needs. Annually, each superintendent shall meet with the regional council for their respective veterans’ home to provide a briefing on their budget proposal for the upcoming fiscal year and provide an opportunity for comment from the council.

(d) The superintendent shall appoint and may remove a medical director, a director of nursing and a chief financial officer. The medical director, director of nursing and chief financial officer shall be employed full-time and shall devote their full time and attention to the duties of their office. Section 49 of chapter 31 shall apply to the appointment of the chief financial officer. The medical director shall be responsible for the medical, surgical and outpatient facilities and shall make recommendations to the superintendent regarding the appointments of the director of nursing and all physicians, nurses and other medical staff. The superintendent shall appoint and remove such other persons as the superintendent deems necessary for the proper and efficient operation of the facilities of the home.

(e) Each state-operated veterans’ home shall employ a full-time infection control and emergency preparedness specialist who shall report to the superintendent and be tasked with ensuring the state-operated veterans’ home maintains standards and protocols for infection control and emergency preparedness consistent with applicable state and federal rules and regulations.

(f) Any vacant position at any state-operated veterans’ home shall have a public job posting within 30 days of the vacancy unless the position is being permanently eliminated. If the vacancy is for a leadership position at the home as determined by the superintendent, initial interviews with potential candidates shall begin within 60 days of the vacancy. If the vacancy is for a leadership position at the home and the position is deemed critical for emergency response operations by the superintendent, initial interviews with potential candidates shall begin within 30 days of the vacancy and the superintendent shall ensure there is a clear understanding of who is temporarily tasked with the appropriate emergency duties while the position is vacant. The secretary of veterans’ services, in coordination with the superintendent, shall ensure every effort is made to fill vacancies at all state-operated veterans’ homes in a timely manner.

(g) Annual performance reviews of the superintendent and deputy superintendent shall be conducted by the executive director of veterans’ homes and housing. Annual performance reviews for individuals employed in all other leadership positions at all state-operated veterans’ homes shall be conducted by the superintendent in charge of the veterans’ home. The reviews shall utilize the MassPerform system or its successor system and shall be documented and provided to the secretary of veterans’ services.

Section 15. (a) Not less than annually, the superintendent of each state-operated veterans’ home, in consultation with the executive director of veterans’ homes and housing and the infection control and emergency preparedness specialist, shall review and update 2 organizational plans, 1 of which shall apply to normal operations and 1 of which shall apply to emergency response operations, for each state-operated veterans’ home outlining the chain of command and communications protocols for the state-operated veterans’ home. Both organizational plans shall be distributed to all staff at the home annually, who shall indicate in writing that they have received and reviewed both plans and are aware of their roles and responsibilities. The executive director of veterans’ homes and housing shall ensure that plans are standardized across all state-operated veterans’ homes to the extent possible.

(b) The organizational plan for emergency response operations for each state-operated veterans’ home shall be exercised not less than biannually. Not later than 30 days after the conclusion of an exercise, the superintendent of the state-operated veterans’ home, in consultation with the executive director of veterans’ homes and housing and the infection control and emergency preparedness specialist, shall submit a report to the governor, the secretary of veterans’ services, the secretary of health and human services, the Massachusetts Veterans’ Homes Advisory Council, the regional council for the home, the joint committee on veterans and federal affairs and the joint committee on public health summarizing the exercise, any deficiencies identified in the organizational plan and a plan to take corrective action. The secretary of veterans’ services, in coordination with the superintendent, shall ensure any deficiencies are addressed in a timely manner.

(c) Emergency response operations shall be initiated as needed by the secretary of veterans’ services in consultation with the governor. During emergency response operations, the superintendent of the affected state-operated veterans’ home, in consultation with the executive director of veterans’ homes and housing and the infection control and emergency preparedness specialist, shall provide a situation report to the governor, the secretary of veterans’ services, the secretary of health and human services, the Massachusetts Veterans’ Homes Advisory Council and the regional council for the home not less than every 24 hours until the secretary of veterans’ services, in consultation with the governor, determines the emergency to be ceased.

(d) If emergency response operations are initiated at a state-operated veterans’ home pursuant to subsection (c), the superintendent of the affected state-operated veterans’ home, in coordination with the executive director of veterans’ homes and housing, shall ensure that appropriate mental health resources are made available to employees.

(e) Not less than quarterly, the executive director of veterans’ homes and housing shall meet with the leadership of each state-operated veterans’ home, including the superintendent and deputy superintendent, the Massachusetts Veterans’ Home Advisory Council and the regional council of each state-operated veterans’ home.

Section 16. (a) The secretary of veterans’ services shall employ an ombudsperson as a full-time, paid position to advocate on behalf of residents and staff of state-operated veterans’ homes. The ombudsperson shall receive, investigate and resolve, through administrative action and in a timely manner, complaints filed by residents and staff of state-operated veterans’ homes, individuals acting on their behalf or any organization or government agency that has reason to believe that the home, a government agency or an organization acting in consultation or coordination with the home or government agency has engaged in activities, practices or omissions that constitute violations of applicable statutes or regulations or that may have an adverse effect upon the health, safety, welfare or rights of residents or staff of the home. The ombudsperson may work with leadership at the home or the executive director of veterans’ homes and housing to resolve any complaint and shall inform the party that initiated the complaint once a resolution has been reached. The ombudsperson shall report to the secretary of veterans’ services. The ombudsperson shall not be subject to section 9A of chapter 30 or to chapter 31.

(b) The ombudsperson may facilitate family meetings, provide outreach, create training programs and lead orientation meetings for new residents of the homes and their families. The ombudsperson shall have access to any state-operated veterans’ home at any time that the ombudsperson deems reasonable and necessary to: (i) investigate or resolve complaints made by residents or staff or on their behalf; (ii) interview residents or staff, with their consent, in private; (iii) offer the services of the ombudsperson or designee to any resident or staff, in private; (iv) interview employees or agents of the state-operated veterans’ home; (v) consult with the state-operated veterans’ home superintendent, deputy superintendent or other administrative staff; or (vi) provide services authorized by law or by regulation. The ombudsperson or designee may initiate an investigation of any state-operate veterans’ home without a specific complaint.

(c) The ombudsperson shall have access to records of state-operated veterans’ homes, and the records of any veteran residing at a home with the veteran’s written authorization, that are necessary to carry out the duties of the ombudsperson. The ombudsperson shall have access to the veteran's records without the veteran’s written authorization if: (i) the ombudsperson or a designee reasonably believes that a complaint situation exists that may only be resolved by the inspection of the veteran's personal, financial or medical records; and (ii)(A) the veteran has no representative and lacks the capacity to give consent; or (B) the ombudsperson has reason to believe that the veteran's representative is not acting in the best interest of the veteran.

(d) The ombudsperson shall establish procedures to protect the confidentiality of veterans’ records and files. The procedures shall provide that: (i) information or records maintained by the ombudsperson’s office shall not be disclosed unless the ombudsperson or a designee authorizes the disclosure; and (ii) the ombudsman or designee shall not disclose the identity of any complainant or veteran involved in any complaint unless the complainant, veteran or a representative of the complainant or veteran provides consent and the consent specifies to whom the identity may be disclosed or a court orders such disclosure.

(e) Notwithstanding chapter 66A, section 70 of chapter 111, section 11 of chapter 111B, section 18 of chapter 111E, chapter 112, chapter 123 or section 20B, section 20J or section 20K of chapter 233 to the contrary, the disclosure of information to the ombudsperson pursuant to this section shall not be prohibited. Any information considered to be confidential under said chapter 66A, said section 70 of said chapter 111, said section 11 of said chapter 111B, said section 18 of said chapter 111E, said chapter 112, said chapter 123 or said section 20B, said section 20J or said section 20K of said chapter 233 shall be submitted for the ombudsperson’s review upon the determination of the ombudsperson that the review of the information is necessary. The ombudsperson shall ensure that no information submitted for their review is disseminated to parties outside the office, except when disclosure may be necessary to enable the ombudsperson to perform their duties. Neither the ombudsperson nor any employee of the office of veterans’ services shall violate the confidentiality provisions set forth in s said chapter 66A, said section 70 of said chapter 111, said section 11 of said chapter 111B, said section 18 of said chapter 111E, said chapter 112, said chapter 123 or said section 20B, said section 20J or said section 20K of said chapter 233.

Any and all information and records acquired by the ombudsperson in the exercise of their purpose and duties under this section shall be confidential and exempt from disclosure under chapter 66 and clause Twenty-sixth of section 7 of chapter 4; provided, however, that statistical compilations of data that do not contain any information that would permit the identification of any person may be disclosed to the public; provided further that this section shall not preclude the ombudsperson from sharing with the governor, the attorney general, a district attorney, a secretary, an agency commissioner or other agency personnel or the chairs of the joint committee on veterans and federal affairs, the report of, or the results of, a critical incident investigation involving that agency; and provided further that any executive or legislative branch employee who receives or reads such a document shall be bound by the confidentiality requirements of this section.

(f) The secretary of veterans’ services shall establish an emergency communications hotline that allows residents and staff at any state-operated veterans’ home, individuals acting on their behalf or any individual organization to communicate time-sensitive concerns regarding the veterans’ home to the office of the secretary of veterans’ services, including, but not limited to, time-sensitive and critical complaints about management, personnel, staffing, operational issues or misuse of public funds. Any complaint submitted through said hotline may be submitted anonymously. Hotline staff shall report to the secretary of veterans’ services. The secretary shall ensure that complaints communicated through the hotline are investigated and resolved in a timely manner.

(g) The ombudsperson for each state-operated veterans’ home and hotline staff may refer a matter to each other and to any other state agency charged with investigating the specific type of complaint when appropriate. In such a referral, the ombudsperson and hotline staff shall share information only to the extent necessary to complete the referral. If the ombudsperson or hotline staff determine that an act or omission of a state-operated veterans’ home adversely affects the health, safety, welfare or rights of a veteran, the ombudsperson or hotline staff shall make specific recommendations for the elimination or correction of the act or omission to the secretary of veterans’ services and the superintendent of the respective state-operated veterans’ home. If the ombudsperson or hotline staff determine that an act of any state-operated veterans’ home may violate an applicable federal or state law, the ombudsperson or hotline staff shall report their findings and conclusions to the regulatory agency that has jurisdiction to enforce the law and to the office of the attorney general.

(h) An agency or state-operated veterans’ home shall not retaliate against any person who, in good faith, filed a complaint with or provided information to, or had a complaint filed or information provided on their behalf to, the ombudsperson or emergency hotline. An agency or state-operated veterans’ home that retaliates against a person in violation of this subsection shall be liable to the person so retaliated against by a civil action for up to treble damages, costs and attorney’s fees.

(i) The ombudsperson for each state-operated veterans’ home and the hotline staff shall receive standardized training regarding their roles and responsibilities. The secretary of veterans’ services, in consultation with the executive director of veterans’ homes and housing, shall design, and update as needed, an appropriate training program.

(j) The ombudsperson and hotline staff shall make available to the public and submit an annual report to the secretary of veterans’ services, the joint committee on public health and the joint committee on veterans and federal affairs on their activities, including, but not limited to, summaries of their caseloads, recommendation for any changes to policy or procedures regarding state-operated veterans’ homes and efforts to create transparency and accountability at the homes.

Section 17. (a) All state-operated veterans’ homes shall apply for and maintain certification by the Centers for Medicare and Medicaid Services to participate in the Medicare and Medicaid programs, pursuant to subpart B of 42 CFR 483. The superintendent of each state-operated veterans’ home, in coordination with the executive director of veterans’ homes and housing, shall ensure that compliance with the requirements of said subpart B of 42 CFR 483 is maintained and that compliance failures are addressed in a timely manner. If any compliance failure is identified during the annual survey conducted by the division of health care facility licensure and certification, the superintendent, in coordination with the executive director, shall submit a report outlining the compliance failure and a plan for corrective action to the governor, the secretary of veterans’ services, the secretary of health and human services, the Massachusetts Veterans’ Homes Advisory Council and the regional council for the home not later than 30 days after the compliance failure is identified.

(b) The superintendent of each state-operated veterans’ home, in coordination with the executive director of veterans’ homes and housing, shall make every effort to achieve a 5-star rating for staffing from the Centers for Medicare and Medicaid Services. The superintendent, in coordination with the executive director, shall report any quarter that a 5-star rating for staffing is not achieved to the governor, the secretary of veterans’ services, the secretary of health and human services, the Massachusetts Veterans’ Homes Advisory Council and the regional council for the home not later than 30 days after the publication of the rating. The report shall include, but not be limited to: (i) areas of staffing that require improvement; (ii) a plan for improving staffing with the goal of achieving a 5-star rating; and (iii) if this is not the first such report to be submitted in consecutive quarters, a summary of the steps already taken to improve staffing. .

(c) The superintendent of each state-operated veterans’ home, in coordination with the executive director of veterans’ homes and housing, shall ensure that the home adheres to guidelines for trauma-informed care established by the federal Centers for Disease Control and Prevention.

SECTION 72. Section 30A of chapter 149 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out, in line 23 and lines 27 and 28, the words “soldiers’ homes in Massachusetts” and inserting in place thereof the following word:- state-operated veterans’ homes.

SECTION 73. Section 30B of said chapter 149, as so appearing, is hereby amended by striking out, in line 16 and lines 18 and 19, the word “soldiers’ home in Massachusetts” and inserting in place thereof, in e instance, the following word:- state-operated veterans’ homes.

SECTION 74. Section 187 of said chapter 149, as so appearing, is hereby amended by striking out, in lines 14 and 15, the words “the Soldiers’ Home in Holyoke, the Soldiers’ Home in Massachusetts” and inserting in place thereof the following words:- a state-operated veterans’ home.

SECTION 75. Section 47 of chapter 152 of the General Laws, as so appearing, is hereby amended by striking out, in lines 3 and 12, the word “commissioner” and inserting in place thereof, in each instance, the following word:- secretary.

SECTION 76. Section 22 of chapter 175 of the General Laws, as so appearing, is hereby amended by striking out, in lines 22, the words “soldiers’ home established by the commonwealth” and inserting in place thereof the following words:- state-operated veterans’ home.

SECTION 77. Said section 22 of said chapter 175, as so appearing, is hereby further amended by striking out, in lines 24 and 28, the word “soldiers’” and inserting in place thereof, in each instance, the following word:- veterans’.

SECTION 78. Section 1 of chapter 176A of the General Laws, as so appearing, is hereby amended by striking out, in lines 29 and 30, the words “the Soldiers’ Home in Massachusetts and the Soldiers’ Home in Holyoke, whereby in consideration of a contract fee, said soldiers’ homes” and inserting in place thereof the following words:- a state-operated veterans’ home, whereby in consideration of a contract fee, the veterans’ home.

SECTION 79. Section 2-105 of article II of chapter 190B of the General Laws, as so appearing, is hereby amended by striking out, in lines 4 and 5, the words “the Soldiers’ Home in Massachusetts or the Soldiers’ Home in Holyoke” and inserting in place thereof the following words:- a state-operated veterans’ home.

SECTION 80. Said section 2-105 of said article II of said chapter 190B, as so appearing, is hereby further amended by striking out, in line 7, the words “the soldiers’” and inserting in place thereof the following words:- the veterans’.

SECTION 81. Section 123 of chapter 266 of the General Laws, as so appearing, is hereby amended by striking out, in lines 5 and 6, the words “Soldiers’ Home in Massachusetts, Soldiers’ Home in Holyoke” and inserting in place thereof the following words:- a state-operated veterans’ home.

SECTION 82. Section 22 of chapter 270 of the General Laws, as so appearing, is hereby amended by striking out, in lines 148 and 149, the words “the Soldiers’ Home in Massachusetts located in the city of Chelsea or the Soldiers’ Home in Holyoke” and inserting in place thereof the following words:- or a state-operated veterans’ home.

SECTION 83. There shall be an advisory commission to recommend new designations for the Veterans’ Home in the city of Chelsea and the Veterans’ Home in the city of Holyoke. The designations shall be names of veterans of the commonwealth. The commission shall consider recommendations from the general public.

The advisory commission shall consist of 9 members: the Department Adjutant of the Disabled American Veterans of Massachusetts or a designee; the State Commander of Veterans of Foreign Wars of Massachusetts or a designee; the Department Commander of the American Legion Department of Massachusetts, Inc. or a designee; the executive director of Massachusetts Fallen Heroes, Inc. or a designee; the executive director of Military Friends Foundation or a designee; the executive director of the Massachusetts Military Heroes Fund, Inc. or a designee; the executive director of the Home Base program or a designee; and the state secretary or a designee.

The advisory commission shall have at least 1 public hearing in the city of Holyoke and at least 1 public hearing in the city of Chelsea to seek recommendations for the designation of the homes. The commission shall recommend to the governor and the secretary of veterans’ services potential designations for the two veterans’ homes and any future state-operated veterans’ homes.

The advisory commission shall submit its recommended designations to the governor, the secretary of veterans’ services, the clerks of the senate and house of representatives and the joint committee on veterans and federal affairs not later than 1 year after the effective date of this act.

SECTION 84. All staff employed by the Soldiers’ Home in Holyoke between March 1, 2020 and June 1, 2020 shall be provided access to the mental health resources that are made available to employees pursuant to subsection (d) of section 15 of chapter 115A of the General Laws.

SECTION 85. This act shall take effect upon its passage.