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 line 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. Said chapter 6 is hereby further amended by striking out sections 40 and 41, as so appearing, and inserting in place thereof the following 2 sections:-
Section 40. (a) There shall be a board of trustees for each state-operated veterans’ home, consisting of 5 persons, 3 of whom shall be war veterans, Gold Star Mothers or Gold Star family members, family members of active or former residents or family members of disabled American veterans. Upon the expiration of the term of office of a member, a successor shall be appointed by the secretary of veterans’ services established in subsection (a) of section 14 of chapter 115A, 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 members shall vote to select a chair. The members shall serve without compensation, but shall receive their necessary expenses incurred in the discharge of their official duties.
(b) The boards of trustees for each state-operated veterans’ home 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 shall serve ex officio, as voting members, on the veterans’ homes council.
(c) The boards of trustees for each state-operated veterans’ home shall each nominate 1 candidate for superintendent of their respective veterans’ home for approval by the veterans’ homes council, who shall then submit their final candidate to the secretary of veterans’ services for consideration for appointment.
(d) The boards of trustees for each state-operated veterans’ home shall hold and administer in trust the property included in the “legacy fund” and the “effects accounts”, if 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.
(e) All members of the boards of trustees for each state-operated veterans’ home shall complete annual training pursuant to paragraph (5) of subsection (a) of section 41.
Section 41. (a)(1) There shall be a veterans’ homes council. The council shall advise the secretary of veterans’ services to ensure the health, well-being 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: (i) the executive director of veterans’ homes and housing established in section 12 of chapter 115A, who shall serve as chair; (ii) the adjutant general of the Massachusetts national guard established in section 15 of chapter 33; (iii) 4 members appointed by the governor, 1 of whom shall represent the interests of female veterans who shall be a resident of the commonwealth, 1 of whom shall have experience in labor relations, 1 of whom shall be a member of the Disabled American Veterans 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; (iv) 3 members appointed by the secretary of health and human services, 1 of whom shall have professional knowledge in long-term 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; and (v) all members of the boards of trustees for each state-operated veterans’ home established in section 40, serving ex officio, as voting members.
(2) Members of the council shall serve concurrently for a term of 4 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, which shall 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.
(6) The council shall:
(i) 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: (A) review the operation of each state-operated veterans’ home; (B) review and comment on rules and regulations promulgated by the department of veterans’ services concerning the state-operated veterans’ homes before the rules and regulations are submitted for public comment; (C) have direct communications and establish effective working relationships and lines of communication with the appropriate state offices and staff; (D) 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 state-operated veterans’ 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 veterans’ homes; and (E) consider nationally recognized models and guidelines for the delivery of health care in state-operated veterans’ homes in the development of any recommendations for by-laws, rules, procedures and protocols;
(ii) refer candidates for superintendent of state-operated veterans’ homes to the secretary of veterans’ services for consideration for appointment, after review of any recommendation submitted by the board of trustees for the respective state-operated veterans’ home;
(iii) refer recommendations for removal of a superintendent to the secretary of veterans’ services as may be submitted by the board of trustees of the respective state-operated veterans’ home; and
(iv) annually, not later than September 30, file a report on its activities and such report shall include, but not be limited to: (A) the census and demographics of each state-operated veterans’ home; (B) an accounting of all revenues received and expended; (C) any recommendations for improvements to the homes; (D) a description of staffing levels at each home and a determination as to whether staffing levels meet industry standards; (E) a list of complaints, charges or recommendations from patients, family members and guardians and corresponding actions taken; (F) recommendations to increase regional equity and accessibility and to provide for equitable access for people of all identities including, but not limited to, race, religion, sex, gender identity and sexual orientation; and (G) all other matters the council considers pertinent.
The council shall consider in its reports 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. All personally identifiable information received from the homes shall be redacted from the report and remain confidential. 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. The secretary of veterans’ services shall ensure that the report is made available to the public on the website of the department of veterans’ services.
SECTION 4. Sections 70 and 71 of said chapter 6 are hereby repealed.
SECTION 5. 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 6. 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 7. Section 2 of chapter 6A of the General Laws, as so appearing, 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 public works and veterans’ services.
SECTION 8. Section 16 of said chapter 6A, as so appearing, is hereby amended by striking out, in lines 34 to 39, 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 4 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 a veteran 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 manage and control all state-operated veterans’ homes in the commonwealth, and all property, real and personal, belonging to the commonwealth and occupied or used by such homes.
Section 107. The secretary shall be allowed their traveling expenses when necessary for the secretary to visit Washington, D.C., 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 108. 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 appearing in the 2020 Official Edition, is hereby amended by striking out, in lines 6 and 7, 8 and 10, the word “commissioner” , each time it appears, 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 1 to 3, inclusive, the words “the board of trustees of 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:- the superintendent of a state-operated veterans’ home.
SECTION 15. Said section 62 of said chapter 22C, as so appearing, is hereby further amended by striking out, in line 7, the words “said boards of trustees” and inserting in place thereof the following words:- the superintendents.
SECTION 16. Section 9B of chapter 30 of the General Laws, as so appearing, is hereby amended by striking out, in lines 3 and 4, the words “the soldiers’ homes in Massachusetts” and inserting in place thereof the following words:- a state-operated veterans’ home.
SECTION 17. 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 18. 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 19. Section 91 of chapter 32 of the General Laws, as so appearing, is hereby amended by striking out, in lines 53 and 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 20. 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 21. 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 22. 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 23. 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”, each time they appear, and inserting in place thereof, in each instance, the following word:- secretary.
SECTION 24. 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 25. 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 26. Said chapter 111 is hereby further amended by inserting after section 71A½ the following section:-
Section 71A¾. The department shall conduct inspections of each state-operated veterans’ home not less than twice per year or more frequently as the department deems necessary; 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. 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.
Each state-operated veterans’ home shall be licensed pursuant to section 71. The superintendent of each state-operated veterans’ home shall apply for and maintain such licensure.
SECTION 27. 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 28. Section 1 of chapter 115 of the General Laws, as so appearing, is hereby amended by striking out the definition of “Commissioner”.
SECTION 29. 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 30. 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 31. 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 32. 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 33. 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 34. 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 35. 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 116, the word “commissioner” and inserting in place thereof, in each instance, the following word:- secretary.
SECTION 36. 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 37. 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 38. 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 39. 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 40. 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 41. 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 42. 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 43. 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 44. 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 45. 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 46. 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 47. 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 48. 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 49. Section 5 of said chapter 115A is hereby repealed.
SECTION 50. 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 51. Said section 6 of said chapter 115A, as so appearing, 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 52. Said section 6 of said chapter 115A, as so appearing, is hereby further amended by striking out, in lines 11, 13 and 14 and 20, the words “said Home” and inserting in place thereof, in each instance, the following words:- the home.
SECTION 53. Said section 6 of said chapter 115A, as so appearing, is hereby further amended by striking out, in line 17, the word “Home” and inserting in place thereof the following words:- state-operated veterans’ home.
SECTION 54. 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 the following words:- “a state-operated veterans’ home”.
SECTION 55. Said section 7 of said chapter 115A, as so appearing, is hereby further amended by striking out, in lines 3, 4 and 11, the word “Home” and inserting in place thereof, in each instance, the following word:- home.
SECTION 56. Said section 7 of said chapter 115A, as so appearing, is hereby amended by striking out, in lines 8, 20, 24, 26 and 31, the words “such Home” and inserting in place thereof, in each instance, the following words:- a state-operated veterans’ home.
SECTION 57. Section 8 of said chapter 115A, as so appearing, is hereby amended by striking out, in lines 1 and 2, the words “Soldiers’ Homes, after a determination and approval of the trustees of the respective Homes” and inserting in place thereof the following words:- state-operated veterans’ homes, after a determination and approval of the trustees of the respective home.
SECTION 58. Said section 8 of said chapter 115A, as so appearing, is hereby further amended by striking out, in line 5, the words “Soldiers’ Home” and inserting in place thereof the following word:- home.
SECTION 59. 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 60. Said section 8 of said chapter 115A, as so appearing, is hereby further amended by striking out the second paragraph.
SECTION 61. 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 62. 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 state-operated 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 chapter 62; provided further, recipients of said grants shall not be subject to 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 63. 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 state-operated 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 state-operated 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.
SECTION 64. Section 11 of said chapter 115A is hereby repealed.
SECTION 65. Said chapter 115A is hereby further amended by striking out section 12, as appearing in the 2020 Official Edition, 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;
(ii) investigate and make recommendations on best practices for providing housing for veterans; provided, however, that 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 further, that the members of the boards of trustees of state-operated veterans’ homes pursuant to section 40 of chapter 6 and the members of the veterans’ homes council pursuant to section 41 of said 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;
(iii) establish standardized rules and regulations governing outpatient treatment, admission to and hospitalization in the homes; provided, however, that rules and regulations may include, but not be limited to: (A) governing outpatient treatment at, admission to and hospitalization in the homes, 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 state-operated veterans’ homes, either temporarily or permanently, of any person who has received a disciplinary discharge from a state-operated veterans’ home or from any facility of the United States Department of Veterans’ Affairs ; and (F) providing for the exclusion from outpatient treatment at, admission to or hospitalization in such state-operated veterans’ homes 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 such state-operated veterans’ homes;
(iv) develop and amend by-laws that are consistent at existing state-operated veterans’ homes, which shall include, but not be limited to, admissions eligibility and procedures, procurement, per diem rates and staffing levels; and
(v) 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.
(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 66. Said chapter 115A is hereby further amended by adding the following 6 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: (i) a superintendent as its administrative head, who shall report to the secretary of veterans’ services; and (ii) a deputy superintendent, who shall report to the superintendent. The superintendent for each state-operated veterans’ home shall be: (i) licensed as a nursing home administrator pursuant to section 109 of chapter 112; and (ii) a veteran or have experience with management of veterans in a nursing home or long-term care facility. The superintendent shall be appointed by the secretary of veterans’ services and may be removed by the secretary without cause. The deputy superintendent of a state-operated veterans’ home shall be appointed by the superintendent of the state-operated veterans’ home and may be removed by the superintendent without cause.
The board of trustees for each state-operated veterans’ home shall each nominate 1 candidate for superintendent of their respective veterans’ home for approval by the veterans’ homes council, who shall then submit their final candidate to the secretary of veterans’ services for consideration for appointment pursuant to the third paragraph of this subsection.
The secretary of veterans’ services shall provide notice of a vacancy in the position of superintendent at a state-operated veterans’ home within 10 days of the vacancy to the secretary of health and human services, the veterans’ home council and the board of trustees of the state-operated veterans’ home at which the vacancy exists. The vacancy shall be filled by the secretary of veterans’ services upon receiving a final candidate from the veterans’ home council pursuant to the second paragraph of this subsection.
(b) 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 board of trustees 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 board of trustees.
(c) 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: (i) the medical, surgical and outpatient facilities; (ii) establishing best practices for the treatment of health issues that disproportionately impact veterans including, but not limited to, post-traumatic stress disorder and suicide; and (iii) making recommendations to the superintendent regarding the appointment of the director of nursing and the appointment of all physicians, nurses and other medical staff by the superintendent. 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 state-operated veterans’ home.
Section 15. (a) The office of veterans’ homes and housing established in section 12 shall employ an ombudsperson at each state-operated veterans’ home. The ombudsperson 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 said section 12. 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 state-operated veterans’ home, any individual acting on behalf of any resident or staff of a state-operated veterans’ home or any individual organization for filing a complaint with the ombudsperson or for disclosing information or cooperating in an investigation resulting from any such complaint; provided, however, that the complaint was made in good faith. The ombudsperson for each state-operated veterans’ home shall make best efforts to ensure the confidentiality of complainants.
Section 16. (a) Each state-operated 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 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 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 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 as outlined by the United States Centers for Disease Control and Prevention.
Section 17. 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 ensure 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 18. Notwithstanding any general or special law to the contrary, the superintendent of each state-operated veterans’ home may accept donations from non-profit organizations that enhance the well-being and care of residents of the home. The superintendent shall submit an annual report on donation activity, including, but not limited to, an accounting of monetary donations, to the attorney general, the executive director of veterans’ homes and housing, the secretary of veterans’ services, the veterans’ homes council and each state-operated veterans’ home.
SECTION 67. 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 established in section 2.
“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: (i) 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; (ii) 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; (iii) aid and coordinate with local veterans service officers to ensure veterans receive all available state and federal benefits; (iv) examine, on a system-wide basis, the care and services that executive agencies provide veterans; (v) 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; (vi) develop internal procedures appropriate for the effective performance of the office’s duties; (vii) act as a liaison to all state agencies providing services to veterans to ensure each veteran receives necessary services and care; (viii) assist in developing procedures for the executive agencies to best serve the veteran community; (ix) 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 (x) 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’ services, 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 chair of the board of trustees of the veterans’ home in the city of Chelsea; and the chair of the board of trustees of the veterans’ home in the city of 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 senate president, 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 68. 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, in each instance, the following words:- state-operated veterans’ homes.
SECTION 69. Section 30B of said chapter 149, as so appearing, is hereby amended by striking out, in line 16 and lines 18 and 19, the words “soldiers’ homes in Massachusetts” and inserting in place thereof, in each instance, the following words:- state-operated veterans’ homes.
SECTION 70. 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 71. 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 72. Section 22 of chapter 175 of the General Laws, as so appearing, is hereby amended by striking out, in line 22, the words “soldiers’ home established by the commonwealth” and inserting in place thereof the following words:- state-operated veterans’ home.
SECTION 73. 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 74. Section 1 of chapter 176A of the General Laws, as so appearing, is hereby amended by striking out, in lines 29 to 31, inclusive, 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 75. 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 76. 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 77. 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 78. 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 79. (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 state-operated veterans’ home located in the city of Chelsea established in subsection (a) of said section 40 of said chapter 6, inserted by section 3; 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 state-operated veterans’ home located in the city of Holyoke established in subsection (b) of section 40 of said chapter 6, inserted by section 3; 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 and the secretary of health and human services shall make their respective appointments to the veterans’ homes council pursuant to section 41 of chapter 6 of the General Laws, inserted by section 3, on or before February 1, 2023.
SECTION 80. (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 state-operated veterans’ home located in the city of 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 state-operated veterans’ home located in the city of Holyoke.
SECTION 81. 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 of the General Laws and the superintendent of the Soldiers’ Home in Holyoke appointed pursuant to section 71 of said chapter 6 of the General Laws shall continue to serve as superintendents of their respective state-operated veterans’ home 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 3.
SECTION 82. (a) Notwithstanding any general or special law to the contrary, this section shall facilitate the orderly transfer of the employees, proceedings, rules and regulations, property and legal obligations and functions of state government from the department of veterans' services, including the Soldiers' Home in Massachusetts and the Soldiers' Home in Holyoke, as a department under the executive office of health and human services, as transferor agency, to the department of veterans' services under the secretary of veterans' services as transferee agency.
(b) Subject to appropriation, any employees transferred to the transferee agency, including those who immediately before the effective date of this act held permanent appointment in positions classified under chapter 31 of the General Laws, had tenure in their positions as provided by section 9A of chapter 30 of the General Laws, did not hold such tenure or held confidential positions, are hereby transferred to the transferee agency, without interruption of service within the meaning of said section 9A of said chapter 30, without impairment of seniority, retirement or other rights of the employee, and without reduction in compensation or salary grade, notwithstanding any change in title or duties resulting from such reorganization, and without loss of accrued rights to holidays, sick leave, vacation and benefits, and without change in union representation or certified collective bargaining unit as certified by the state labor relations commission or in local union representation or affiliation. Any collective bargaining agreement in effect immediately before the transfer date shall continue in effect and the terms and conditions of employment therein shall continue as if the employees had not been so transferred. The reorganization shall not impair the civil service status of any such reassigned employee who immediately before the effective date of this act either held a permanent appointment in a position classified under said chapter 31 or had tenure in a position by reason of said section 9A of said chapter 30.
(c) Notwithstanding any general or special law to the contrary, all such employees shall continue to retain their right to bargain collectively pursuant to chapter 150E of the General Laws and shall be considered employees for the purposes of said chapter 150E. Nothing in this section shall confer upon any employee any right not held immediately before the date of the transfer, or to prohibit any reduction of salary grade, transfer, reassignment, suspension, discharge or layoff not prohibited before such date; nor shall anything in this section prohibit the abolition of any management position within the executive office of technology services and security.
(d) All petitions, requests, investigations, filings and other proceedings appropriately and duly brought before the transferor agency, or pending before it before the effective date of this act, shall continue unabated and remain in force, but shall be assumed and completed by the transferee agency.
(e) All orders, advisories, findings, rules and regulations duly made and all approvals duly granted by the transferor agency, which are in force immediately before the effective date of this act, shall continue in force and shall thereafter be enforced, until superseded, revised, rescinded or canceled, in accordance with law, by the transferee agency.
(f) All books, papers, records, documents, equipment, buildings, facilities, cash and other property, both personal and real, including all such property held in trust, which immediately before the effective date of this act are in the custody of the transferor agency, shall be transferred to the transferee agency.
(g) All duly existing contracts, leases and obligations of the transferor agency shall continue in effect but shall be assumed by the transferee agency. No such existing right or remedy of any character shall be lost, impaired or affected by this act.
SECTION 83. The secretary of health and human services and the secretary of administration and finance shall prepare a plan for the efficient transfer of the department of veterans' services, including the Soldiers' Home in Massachusetts and the Soldiers' Home in Holyoke, from the executive office of health and human services to a department operating under the secretary of veterans' services, as provided in section 82. The plan shall be filed not later than October 31, 2022 with the joint committee on veterans and federal affairs and the house and senate committees on ways and means.
SECTION 84. Section 83 shall take effect upon passage.
SECTION 85. Section 41 of chapter 6 of the General Laws, as inserted by section 3, and section 79 shall take effect on January 1, 2023.
SECTION 86. Unless otherwise specified, the provisions of this act shall take effect on March 1, 2023.
Approved, August 4, 2022.