Mass. Gen. Laws ch. 115A, sec. 12 — MA Code / Part I / Title XVII / Chapter 115A / Section 12
Office of veterans' homes and housing; executive director; employees; powers and duties; annual report
Status: in_force

Section 12. (a) There shall be within the executive office 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 executive office 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 12. (a) There shall be within the executive office 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 executive office 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.