Amendment #1 to H.4298

FILED ON: 2/9/2022

HOUSE . . . . . . . . . . . . . . . No. 4441

The Commonwealth of Massachusetts

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

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An Act relative to the governance, structure and care of veterans at the Commonwealth’s veterans’ homes.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

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, 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. Said chapter 6, as so appearing, is hereby further amended by striking out sections 40 and 41 and inserting in place thereof the following 2 sections:-

Section 40. (a) There shall be a board of trustees of the veterans’ home in Chelsea, consisting of 5 persons, at least 3 of whom shall be war veterans. Upon the expiration of the term of office of a member, their successor shall be appointed by the secretary of health and human services, with the approval of the governor, to serve for 5 years. The governor may remove a member for cause at any time during the member’s term. The secretary of health and human services shall designate 1 of the members as chairperson. The members shall serve without compensation, but shall receive their necessary expenses incurred in the discharge of their official duties.

(b) There shall be a board of trustees of the veterans’ home in Holyoke, consisting of 5 persons, who shall be residents of the counties of Berkshire, Franklin, Hampden and Hampshire. Each of said counties shall be represented on said board by at least 1 trustee who is a resident therein. Upon the expiration of the term of office of a member, their successor shall be appointed by the secretary of health and human services, with the approval of the governor, to serve for 5 years. The governor may remove a member for cause at any time during the member’s term. The secretary of health and human services shall designate 1 of the members as chairperson. The members shall serve without compensation, but shall receive their necessary expenses incurred in the discharge of their official duties.

(c) The boards of trustees for the veterans’ homes in Chelsea and Holyoke shall represent the local community, residents and family members of residents of each home on the veterans’ homes council established in section 41. Each member of the boards of trustees for the veterans’ homes in Chelsea and Holyoke shall serve ex officio, as voting members, on the veterans’ homes council.

(d) The boards of trustees for the veterans’ homes in Chelsea and Holyoke shall each nominate 1 candidate for superintendent of their respective veterans’ home for approval by the veterans’ homes council established in section 41. The boards of trustees for the veterans’ homes in Chelsea and Holyoke may recommend removal of a superintendent of their respective home by submitting the recommendation to said veterans’ homes council for review.

(e) All members of the boards of trustees for the veterans’ homes in Chelsea and Holyoke shall complete annual training which shall be developed by the veterans’ homes council in coordination with the office veterans’ homes and housing established in section 12 of chapter 115A, regarding roles and responsibilities of the members of the boards.

Section 41. (a)(1) There is hereby established the veterans’ homes council. The council shall consist of: the executive director of veterans’ homes and housing established in section 12 of chapter 115A, who shall serve as chair; the adjutant general of the Massachusetts national guard established pursuant to section 15 of chapter 33; 2 members appointed by the governor; 1 member appointed by the secretary of health and human services; 1 member appointed by the speaker of the house; 1 member appointed by the senate president; and all members of the boards of trustees for the veterans’ homes in Chelsea and Holyoke, established in section 40, serving ex officio, as voting members.

(2) Members of the council shall serve for a term of 5 years or until a successor is appointed. Any vacancy shall be filled for the balance of the unexpired term in the same manner as the original appointment. The governor may remove an appointed member for cause at any time during the member’s term.

(3) Members of the council shall serve without compensation but may receive reasonable reimbursement for travel and expenses incurred in the discharge of their duties.

(4) A majority of the council shall constitute a quorum for the transaction of business. Actions of the council shall be approved by a majority vote of the members present at a meeting where a quorum is present.

(5) All members of the council shall complete annual training, to be developed in coordination with the office of veterans’ homes and housing established in section 12 of chapter 115A, regarding the council’s roles and responsibilities, including, but not limited to, training relative to all applicable laws, rules and regulations, including procurement laws and recommendations by the office of the comptroller and the executive office for administration and finance.

(b) The council shall:

(i) manage and control all veterans’ homes established in the commonwealth, and all property, real and personal, belonging to the commonwealth and occupied or used by said homes, and shall hold and administer in trust the property included in the “legacy fund” 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;

(ii) appoint the superintendent of the veterans’ home in Chelsea and the veterans’ home in Holyoke, after review of a recommendation submitted by the board of trustees of the veterans’ homes in Chelsea or Holyoke;

(iii) review recommendations for removal of a superintendent, submitted by a board of trustees of the veterans’ homes in Chelsea or Holyoke or the governor, and remove the superintendent, if necessary;

(iv) adopt necessary rules, regulations, by-laws, roles and responsibilities for the boards of trustees of the veterans’ homes in Chelsea and Holyoke;

(v) adopt standardized rules and regulations governing outpatient treatment, admission to and hospitalization in the homes; provided, that rules and regulations may include, but not be limited to: (A) governing out-patient treatment at, admission to, and hospitalization in, including an increase in any charges, subject to the approval of the secretary of health and human services; (B) providing for such treatment, admission and hospitalization for any person qualified under section 1 of chapter 115A, except for residence, if such person had at some time prior to their application for such treatment, admission or hospitalization, resided in the commonwealth continuously for 5 years; (C) providing for emergency treatment for any person in need of such treatment by reason of accident or sudden illness, until such person can be transferred to some other institution or place; (D) providing for proper disciplinary action, including discharge from said homes, of any person whose conduct therein or while a member thereof is deemed to be inimical to the welfare of other members; (E) providing for the exclusion from the respective veterans’ homes in Chelsea and Holyoke, either temporarily or permanently, of any person who has received a disciplinary discharge from either veterans’ home in Chelsea and Holyoke or from any Veterans’ Administration facility; and (F) providing for the exclusion from out-patient treatment at, admission to, or hospitalization in, said veterans’ homes in Chelsea and Holyoke, of any person whose disability or illness may be diagnosed as neuropsychiatric, neurosurgical or tubercular, or other ailment or condition for the treatment and care of which proper facilities are not available at said veterans’ homes in Chelsea and Holyoke.

(vi) develop and amend bylaws that are consistent at veterans’ homes in Chelsea and Holyoke, which shall include, but not be limited to, admissions eligibility and procedures, procurement, per diem rates and staffing levels;

(vii) develop and implement a system of reviewing charges, complaints, and comments, including, but not limited to, comments from residents, family members of residents, and the ombudspersons for each home; and

(viii) consider nationally recognized models and guidelines for the delivery of health care in the veterans’ homes in Chelsea and Holyoke in the development of any by-laws, rules, procedures and protocols.

(c) The council may insure the buildings of the veterans’ homes and contents thereof in such amounts as may be deemed sufficient over and above any insurance coverage purchased by the commonwealth.

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

SECTION 4. Section 16 of chapter 6A of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out, in lines 36 and 37, the words “Soldiers’ Home in Massachusetts and the Soldiers’ Home” and inserting in place thereof the following words:- veterans’ home in Chelsea and the veterans’ home.

SECTION 5. 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 “Soldiers’ Home in Massachusetts and of the Soldiers’ Home” and inserting in place thereof the following words:- veterans’ home in Chelsea and of the veterans’ home.

SECTION 6. 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 “Soldiers’ Home in Holyoke, or the Soldiers’ Home in Massachusetts located in the city of” and inserting in place thereof the following words:- veterans’ home in Holyoke, or the veterans’ home in.

SECTION 7. 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 “soldiers’” and inserting in place thereof the following word:- veterans’.

SECTION 8. 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” and inserting in place thereof the following words:- veterans’ home in Chelsea, veterans’ home.

SECTION 9. Section 49 of chapter 31 of the General Laws, as so appearing, is hereby amended by striking out, in line 14, the word “soldiers’” and inserting in place thereof the following word:- veterans’.

SECTION 10. Section 91 of chapter 32 of the General Laws is hereby amended by striking out, in line 54, the words “Soldiers’ Home in Massachusetts or the Soldiers’ Home”, as so appearing, and inserting in place thereof the following words:- veterans’ home in Chelsea or the veterans’ home.

SECTION 11. 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 “Soldiers’ Home in Massachusetts, the Soldiers’ Home” and inserting in place thereof the following words:- veterans’ home in Chelsea, the veterans’ home.

SECTION 12. 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 “Soldiers Home in Holyoke, the Soldiers’ Home in Massachusetts” and inserting in place thereof the following words:- veterans’ home in Holyoke, the veterans’ home in Chelsea.

SECTION 13. Said chapter 111 is hereby further amended by inserting after section 71A½, as so appearing, the following section:-

Section 71A¾. The department shall conduct inspections of the veterans’ homes in Chelsea and Holyoke not less than twice per year or more frequently as the department deems necessary. After such inspection, the department shall give the superintendent of the home, the executive director of veterans’ homes and housing appointed pursuant to section 12 of chapter 115A, the secretary of veterans’ services, and the veteran advocate established in chapter 115B written notice of each violation of the standards for long term care facilities, including applicable rules and regulations pursuant to 105 CMR 150 or successor regulations; provided, that the written notice shall specify a reasonable period of time not to exceed 30 days after receipt thereof to provide a plan to correct such violations. Inspection reports and corrective action taken to address violations shall be made available to the public.

SECTION 14. Section 1 of chapter 113 of the General Laws, as so appearing, is hereby amended by striking out, in line 6, the words “Soldiers’ Home in Massachusetts and the Soldiers’ Home” and inserting in place thereof the following words:- veterans’ home in Chelsea and the veterans’ home.

SECTION 15. Section 5 of chapter 115 of the General Laws, as so appearing, is hereby amended by striking out, in line 39, the word “soldiers’” and inserting in place thereof the following word:- veterans’.

SECTION 16. 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 “Soldiers’ Home in Massachusetts and the Soldiers’ Home” and inserting in place thereof the following words:- veterans’ home in Chelsea and the veterans’ home.

SECTION 17. Section 4 of said chapter 115A, as so appearing, is hereby amended by striking out, in line 7, the words “Soldiers’ Home in Massachusetts and the Soldiers’ Home” and inserting in place thereof the following words:- veterans’ home in Chelsea and the veterans’ home.

SECTION 18. Section 5 of said chapter 115A of the General Laws is hereby repealed.

SECTION 19. Section 6 of said chapter 115A, as appearing in the 2020 Official Edition, is hereby amended by striking out, in lines 5 and 6, the words “commandant or superintendent thereof” and inserting in place thereof the word:- superintendent.

SECTION 20. Said section 6 of said chapter 115A, as so appearing, is hereby further amended by striking out, in lines 16 and 17, the words “trustees of said Home” and inserting in place thereof the following words:- veterans’ homes council, established pursuant to section 41 of chapter 6,.

SECTION 21. Said section 6 of said chapter 115A, as so appearing, is hereby further amended by striking out, in line 22, the words “trustees under this section” and inserting in place thereof the following words:- veterans’ homes council.

SECTION 22. Said section 6 of said chapter 115A, as so appearing, is hereby further amended by striking out, in line 24, the words “trustees” and inserting in place thereof the following words:- veterans’ homes council.

SECTION 23. Section 7 of said chapter 115A, as so appearing, is hereby amended by striking out, in line 8, the words “chairman of the board of trustees of such Home” and inserting in place thereof the following words:- chair of the veterans’ homes council, established pursuant to section 41 of chapter 6,.

SECTION 24. Said section 7 of said chapter 115A, as so appearing, is hereby further amended by striking out, in lines 20 and 24, the words “trustees of such Home” and inserting in place thereof, in each instance, the following words:- veterans’ homes council.

SECTION 25. Said section 7 of said chapter 115A, as so appearing, is hereby further amended by striking out, in line 26, the words “board of trustees of such Home” and inserting in place thereof the following words:- veterans’ homes council.

SECTION 26. Said section 7 of said chapter 115A, as so appearing, is hereby further amended by striking out, in line 31, the words “chairman of the board of trustees of such Home” and inserting in place thereof the following words:- chair of the veterans’ homes council.

SECTION 27. Said section 7 of said chapter 115A, as so appearing, is hereby further amended by striking out, in lines 36 and 38, the words “trustees” and inserting in place thereof, in each instance, the following words:- veterans’ homes council.

SECTION 28. Section 8 of said chapter 115A, as so appearing, is hereby amended by striking out, in lines 1 and 5, the word “Soldiers’” and inserting in place thereof, in each instance, the following word:- veterans’.

SECTON 29. Said section 8 of said chapter 115A, as so appearing, is hereby further amended by striking out the second paragraph.

SECTION 30. 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:- veterans’ home in Chelsea.

SECTION 31. Said chapter 115A is hereby amended by striking out section 10 and inserting in place thereof the following section:-

Section 10. The superintendent of a veterans’ home may establish a program for the training of residents in medicine, surgery, urology and such other specialties and sub-specialties of medicine as may be deemed advisable. The persons undergoing such training shall be designated as follows and shall be eligible for training grants from the commonwealth; provided, such grants shall be exempt from the provisions of chapter 62; provided further, recipients of said grants shall not be subject to the provisions of chapter 31 and shall not be deemed to be employees of the commonwealth. Approval of the training program by the personnel administrator shall be required in accordance with the provisions of section 28 of chapter 7.

SECTION 32. Said chapter 115A is hereby further amended by striking out section 10A and inserting in place thereof the following section:-

Section 10A. (a) The superintendent of a veterans’ home may establish a program for the education and training of practical nurses and promulgate regulations to govern the program. The commonwealth may provide the education and training at no cost to the program participants, apart from fees and uniforms. A participant completing the education and training program and licensed as a practical nurse by the board of registration in nursing shall be required to obtain employment as a practical nurse at a veterans’ homes for 2,000 hours on either a full-time or part-time basis as specified by the superintendent, or as determined by the appointing authority of the state facility where the person becomes employed. Program participants shall be required to sign an agreement acknowledging either their work commitment to the commonwealth or, in lieu of completing a work commitment, their obligation to repay the cost of the education and training program to the veterans’ home.

(b) If a participant who has completed the education and training program, and is licensed by the board as a practical nurse, fails to complete the employment requirement or any portion thereof, or fails to repay any of the costs thereof, the remaining contractual obligation between the veterans’ home and the participant shall be charged against the participant. The superintendent shall, in their discretion, determine the names of those defaulting on their obligations in the training and education program and report those names, addresses and license numbers to the board of registration in nursing. The superintendent shall notify those determined to be in default that they have initiated proceedings that could result in the suspension or revocation of their licenses. The superintendent shall also initiate an action to suspend or revoke the nursing license of each defaulting participant before the division of administrative law appeals. The division shall schedule an adjudicatory hearing under section 10 of chapter 30A within 30 days of receipt of the superintendent’s notice and shall notify the superintendent and the licensee that they have the right to a full and fair hearing on the matter. For purposes of the hearings, the superintendent’s written representation, executed under the pains and penalties of perjury, with supporting documentation, to the division establishing that a participant is in default of the obligation shall be prima facie evidence of default. The superintendent shall notify the board of registration in nursing of the final written decision of the division of administrative law appeals. If the division finds the license should be suspended or revoked, the board of registration in nursing shall, within 15 days of receipt of the finding, suspend or revoke the license. Within 30 days of receipt of notice of the final decision of the division or, if a petition for rehearing has been timely filed with the division, within 30 days after receipt of notice of the division’s denial of the petition for rehearing, an aggrieved party may file for judicial review in superior court pursuant to section 14 of said chapter 30A.

(c) A license that has been suspended or revoked under this section shall not be reinstated or renewed until the superintendent notifies the board of registration in nursing that the participant is in good standing with respect to all costs or employment commitments to the commonwealth. Upon that notice, the board may reissue or renew the individual’s license.

(d) Notwithstanding subsections (a), (b) and (c), the board of registration in nursing may take additional actions or sanctions against the individual as provided by law or regulation.

SECITON 33. Section 11 of said chapter 115A is hereby repealed.

SECTION 34. Said chapter 115A of the General Laws is hereby further amended by striking out section 12 and inserting in place thereof the following section:-

Section 12. (a) There shall be within the department of veterans’ services an office of veterans’ homes and housing. The secretary of veterans’ services shall appoint an executive director of veterans’ homes and housing who shall have: (i) at least 5 years of experience in health care management; and (ii) military or other experience working with veterans. The duties of the executive director shall include, but shall not be limited to: (i) oversight of the office; and (ii) service as an advisor to the secretary of veterans’ services on matters relative to veterans’ housing. The position of executive director shall be classified pursuant to section 45 of chapter 30. The executive director may, with the approval of the secretary of veterans’ services, appoint and remove any employees necessary to carry out the duties of the office. Unless otherwise provided by law, all such appointments and removals shall be made pursuant to chapter 31. The office shall: (i) coordinate and oversee implementation and enforcement of laws, regulations and policies relative to the veterans’ homes and other housing for veterans; and (ii) investigate and make recommendations on best practices for providing housing for veterans. The executive director shall have access to all property of the commonwealth under the oversight of the department of veterans services to carry out the duties of the office; provided, however, that the members of the boards of trustees of the veterans’ homes in Chelsea and Holyoke pursuant to section 40 of chapter 6, and the members of the veterans’ homes council pursuant to section 41 of chapter 6 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 veterans’ homes.

(b) Annually, not later than November 1, the office, in coordination with the veterans’ homes council established in section 41 of chapter 6, shall report on the state of the veterans’ homes and the report shall include: (i) the quality of care provided at the homes; (ii) the financial status of the homes; (iii) the uniformity of programs at the homes; (iv) the capital needs of the homes; and (v) the status of the United States Department of Veterans Affairs’ accreditation, including the efforts necessary to maintain compliance and the efforts necessary to become fully compliant with the United States Department of Veterans Affairs’ standards at each veterans’ home. The office shall submit the report to the governor, the clerks of the house of representatives and senate and the joint committee on veterans and federal affairs.

SECTION 35. Said chapter 115A of the General Laws is hereby further amended by adding the following 4 new sections:-

Section 13. (a) Each veterans’ home shall have a superintendent as its administrative head, who shall report to the executive director of veterans’ homes and housing. The superintendent for each veterans’ home shall: (i) be licensed as a nursing home administrator pursuant to section 109 of chapter 112; and (ii) be a veteran or have experience with management of veterans in a nursing home or long-term care facility. The boards of trustees of the veterans’ homes in Chelsea and Holyoke shall each nominate 1 candidate for the position of superintendent of their respective home to the veterans’ homes council established in section 41 of chapter 6 for the councils review and approval. Recommendations for the removal of a superintendent may be submitted by a board of trustees of a veterans’ home in Chelsea or Holyoke or the governor to the veterans’ homes council for review.

Section 14. (a) The office of veterans’ homes and housing established in section 12 shall employ an ombudsperson at each veterans’ home. The ombudsperson, at each veterans’ home, shall be a full-time, paid position to advocate on behalf of residents and staff of the home and to receive, investigate and resolve through administrative action, in a timely manner, complaints filed by residents and staff of the home, individuals acting on behalf of residents or staff or any individual organization or government agency that has reason to believe that the home, an organization or a 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 the superintendent and appropriate staff at the home or the executive director of veterans’ homes and housing as needed to resolve any complaint and shall inform the complainant of the resolution. The ombudsperson shall report to the executive director of veterans’ homes and housing established in section 12 of chapter 115A. The ombudsperson may also facilitate family meetings, provide outreach and participate in orientation meetings for new residents of the home and their families. The ombudsperson shall not be subject to section 9A of chapter 30 or chapter 31.

(b) No person shall discharge, discipline or otherwise retaliate against any resident or staff of a veterans’ home, or any individual acting on behalf of any resident or staff of a veterans’ home or individual organization for filing a complaint with the ombudsperson or for disclosing information or cooperating in an investigation resulting from any such complaint; provided, that the complaint was made in good faith. The ombudsperson for each home shall make best efforts to ensure the confidentiality of complainants.

Section 15. (a) Each veterans’ home shall apply for and maintain certification by the federal 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 veterans’ home in coordination with the executive director of veterans’ homes and housing shall ensure that compliance with the requirements of subpart B of 42 CFR 483 shall be maintained and that all compliance failures are addressed in a timely manner. The superintendent, in coordination with the executive director, shall submit to the governor, the secretary of veterans’ services, the secretary of health and human services and the veterans’ homes council, established pursuant to section 41 of chapter 6, a report of any compliance failures identified during the annual survey conducted by the division of health care facility licensure and certification not later than 30 days after the compliance failure is identified. The report shall outline each compliance failure and a plan for corrective action.

(b) The superintendent of each 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 as outlined by the United States Centers for Disease Control and Prevention.

Section 16. The superintendent of each veterans’ home, in coordination with the executive director of veterans’ homes and housing, shall conduct annual reviews of the respective home’s health record system and assure the home is equipped with technology to best serve access to records for veterans and, where applicable, access to records for veterans’ families. A copy of the review shall be sent to the governor, the president of the senate, the speaker of the house of representatives, the senate and house committees on ways and means and the joint committee on veterans and federal affairs.

SECTION 36. The General Laws are hereby amended by inserting after chapter 115A the following chapter:-

CHAPTER 115B

OFFICE OF THE VETERAN ADVOCATE

Section 1. As used in this chapter, the following words shall, unless the context clearly requires otherwise, have the following meanings:

“Executive agency”, a state agency within the office of the governor, including the executive office of education, the executive office of public safety and security, executive office of health and human services, and their constituent agencies, the Massachusetts interagency council on housing and homelessness and the executive office of housing and economic development, and their constituent agencies.

“Nominating committee”, the nominating committee established in section 3.

“Office”, the office of the veteran advocate.

“Veteran advocate”, the veteran advocate appointed under section 3.

Section 2. There shall be an office of the veteran advocate which shall be independent of any supervision or control by any executive agency. The office shall:

(a) ensure that veterans in the care of the commonwealth or receiving services under the supervision of an executive agency in any public or private facility receive humane and dignified treatment at all times, with full respect for the veterans’ personal dignity and right to privacy;

(b) ensure that veterans in the care of the commonwealth or receiving services under the supervision of an executive agency in any public or private facility receive timely, safe and effective services;

(c) aid and coordinate with local veterans service officers to ensure veterans receive all available state and federal benefits;

(d) examine, on a system-wide basis, the care and services that executive agencies provide veterans;

(e) advise the public and those at the highest levels of state government about how the commonwealth may improve its services to and for veterans and their families;

(f) develop internal procedures appropriate for the effective performance of the office’s duties;

(g) act as a liaison to all state agencies providing services to veterans to ensure each veteran receives necessary services and care;

(h) assist in developing procedures for the executive agencies to best serve the veteran community;

(i) act as a liaison to the United States department of veterans affairs and all other relevant federal agencies to advocate on behalf of the veterans of the commonwealth; and

(j) investigate incidents where a veteran suffered a fatality, near fatality or serious bodily or emotional injury while receiving services from an executive agency, or circumstances which result in a reasonable belief that an executive agency or a constituent agency failed in its duty to care for a veteran and, as a result, the veteran was at imminent risk of, or suffered serious bodily or emotional injury or death.

Section 3. The office of the veteran advocate shall be under the direction of the veteran advocate. The veteran advocate shall be the administrative head of the office and shall devote full time to the duties of the office. The veteran advocate shall be appointed by a majority vote of the attorney general, the state auditor and the governor from a list of 3 nominees submitted by a nominating committee to recommend a veteran advocate. The nominating committee shall consist of: the secretary of health and human services, or a designee, who shall serve as chair; the secretary of veterans’ affairs, or a designee; the secretary of public safety, or a designee; the commissioner of mental health, or a designee; the house and senate chairs of the joint committee on veterans and federal affairs; the adjutant general of the Massachusetts national guard; a representative of the veterans of foreign wars department of Massachusetts; a representative of the American legion department of Massachusetts; the chairperson of the board of trustees of the veterans’ home in Chelsea; and the chairperson of the board of trustees of the veterans’ home in Holyoke. The nominating committee shall submit salary recommendations for the candidates commensurate with the candidates’ experience and other similar state positions. The work of the nominating committee shall be coordinated by the executive office of health and human services.

Any person appointed to the position of veteran advocate shall be selected without regard to political affiliation and on the basis of integrity and demonstrated ability in veteran welfare, justice, auditing, law, health care, management analysis, public administration and investigation or criminal justice administration. The veteran advocate may, subject to appropriation, appoint such other personnel as the veteran advocate deems necessary for the efficient management of the office.

The veteran advocate shall serve for a term of 5 years. In the case of a vacancy in the position of the veteran advocate, a successor shall be appointed in the same manner for the remainder of the unexpired term. No person shall be appointed as veteran advocate for more than 2 full terms.

The veteran advocate may be removed from office for cause by a majority vote of the attorney general, the state auditor and the governor. Such cause may include substantial neglect of duty, gross misconduct or conviction of a crime. The cause for removal of the veteran advocate shall be stated in writing and shall be sent to the clerks of the senate and house of representatives and to the governor at the time of removal and shall be a public document.

Section 4. The veteran advocate shall report annually to the governor, the president of the senate, the speaker of the house of representatives, the senate and the house committees on ways and means, and the joint committee on veterans and federal affairs on the activities of the office, including, but not limited to, an analysis of the delivery of services to veterans and recommendations for changes in agency procedures which would enable the commonwealth to better provide services to and for veterans and their families and priorities for implementation of those changes to services. The report shall be made public on the website of the veteran advocate.

SECTION 37. Section 30A of chapter 149 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out, in lines 23 and 27, the words “soldiers’ homes” and inserting in place thereof, in each instance, the following words:- veterans’ homes.

SECTION 38. Section 30B of said chapter 149, as so appearing, is hereby amended by striking out, in lines 16 and 18, the word “soldiers’” and inserting in place thereof, in each instance, the following word:- veterans’.

SECTION 39. Section 187 of said chapter 149, as so appearing, is hereby amended by striking out, in lines 14 and 15, the words “Soldiers’ Home in Holyoke, the Soldiers’ Home in Massachusetts” and inserting in place thereof the following words:- veterans’ home in Holyoke, the veterans’ home in Chelsea.

SECTION 40. Section 22 of chapter 175 of the General Laws, as so appearing, is hereby amended by striking out, in line 22, the word “soldiers’” and inserting in place thereof the following word:- veterans’.

SECTION 41. Said section 22 of said chapter 175, as so appearing, is hereby further amended by striking out, in line 24 and lines 28 and 29, the words “soldiers’ homes” and inserting in place thereof, in each instance, the following words:- veterans’ homes.

SECTION 42. Section 1 of chapter 176A of the General Laws, as so appearing, is hereby amended by striking out, in line 29 and 30, the words “Soldiers’ Home in Massachusetts and the Soldiers’ Home” and inserting in place thereof the following words:- veterans’ home in Chelsea and the veterans’ home.

SECTION 43. Section 2-105 of chapter 190B of the General Laws, as so appearing, is hereby amended by striking out, in lines 4 and 5, the words “Soldiers’ Home in Massachusetts or the Soldiers’ Home” and inserting in place thereof the following words:- veterans’ home in Chelsea or the veterans’ home.

SECTION 44. 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” and inserting in place thereof the following words:- veterans’ home in Chelsea, veterans’ home.

SECTION 45. (a) Notwithstanding any general or special law to the contrary, members of the board of trustees of the Soldiers’ Home in Massachusetts appointed pursuant to section 40 of chapter 6 of the General Laws shall be members of the boards of trustees for the veterans’ home in Chelsea established in subsection (a) of section 40 of said chapter 6, inserted by section 2; provided, however, that any vacancy on the board of trustees of the soldiers’ home in Massachusetts appointed pursuant to said section 40 of said chapter 6 that occurs before February 1, 2023 shall not be filled if the appointment results in the board having greater than 5 members. Members of the board shall serve consistent with their current term of office.

(b) Notwithstanding any general or special law to the contrary, members of the board of trustees of the Soldiers’ Home in Holyoke appointed pursuant to section 70 of chapter 6 of the General Laws shall be members of the board of trustees for the veterans’ home in Holyoke established in subsection (b) of section 40 of said chapter 6, inserted by section 2; provided, however, that any vacancy on the board of trustees of the Soldiers’ Home in Holyoke appointed pursuant to said section 70 of said chapter 6 that occurs before February 1, 2023 shall not be filled if the appointment results in the board having greater than 5 members. Members of the board shall serve consistent with their current term of office.

(c) The governor, the secretary of health and human services, the speaker of the house of representatives and the senate president shall make their respective appointments to the veterans’ homes council pursuant to section 41 of chapter 6 of the General Laws, inserted by section 2, on or before February 1, 2023.

SECTION 46. (a) Notwithstanding any general or special law to the contrary, any obligation of the Soldiers’ Home in Massachusetts shall be applied to and made an obligation of the veterans’ home in Chelsea.

(b) Notwithstanding any general or special law to the contrary, any obligation of the Soldiers’ Home in Holyoke shall be applied to and made an obligation of the veterans’ home in Holyoke.

SECTION 47. Notwithstanding any general or special law to the contrary, the superintendent of the Soldiers’ Home in Massachusetts appointed pursuant to section 40 of chapter 6 and the superintendent of the Soldiers’ Home in Holyoke appointed pursuant to section 71 of said chapter 6 shall continue to serve as superintendents of the veterans’ homes in Chelsea and Holyoke in accordance with the terms of any existing employment contracts and subject to the removal provisions of sections 40 and 41 of said chapter 6, inserted by section 2.