Amendment #9 to H4441

A Veterans’ Homes Council Responsibilities and Accountability

Mr. Markey of Dartmouth moves to amend the bill section 2 by striking out lines 61 to 103, inclusive, and inserting in place thereof the following:-

“(b) The council shall be included in the management and control of 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. In the management and control of said home as aforesaid, said council shall have the same powers and perform the same duties as are vested and imposed in the trustees of state hospitals under the provisions of chapter 19, so far as applicable.

(c)The council shall:

(i) have the authority to visit and review the operation of Soldiers’ Homes;

(ii) have the authority to review and comment on rules promulgated by the executive office of veteran’s affairs concerning the homes before the rules 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’ affairs 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;

(v) adopt standardized rules and regulations governing outpatient treatment, admission to and hospitalization in the homes;

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

(vii) monitor the progress of capital construction projects at the current or any future homes;

(viii) develop a system of reviewing charges, complaints, and comments from, but not limited to, residents, family members of residents, and the ombudspersons for the homes;

(ix) consider nationally recognized models and guidelines for the delivery of health care in all veterans’ homes in the development of any by-laws, rules, procedures, and protocols; and

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

(d) The council shall provide recommendations to the executive director of veterans’ homes and housing and the secretary of veterans’ affairs regarding the appointment, and if necessary, removal, of the superintendent and deputy superintendent for each veterans’ home.

(e) The council shall annually file a written report on its activities of the immediately preceding year. This report shall be submitted no later than 90 days following the end of the fiscal year and shall include, but not be limited to: (i) the census and demographics of each veterans’ home; (ii) an accounting of all revenues received and expended; (iii) recommendations for improvements to the homes; (iv) staffing levels and the extent that staffing levels do or do not meet industry standards; (v) a list of complaints, charges or recommendations from patients, family members, and guardians and actions taken; (vi) all other matters the council considers pertinent. Said report shall be filed with the clerks of the house of representatives and the senate, and copies shall be forwarded to the chairs of the joint committee on veterans and federal affairs, the joint committee on public health and the house and senate committees on ways and means.”