reglab/statecodes huggingface dataset:
Code of Massachusetts Regulations › 108 CMR - EXECUTIVE OFFICE OF VETERANS' SERVICES › Title 108 CMR 10.00 - Medical Care › Section 10.02 - Fee Schedules

Current through Register 1525, July 5, 2024
(1) Local veterans' services departments shall conform to the procedures, methods of payment and statewide fee schedules. Medical services and supplies begin with either the personal physician or clinic and, when recommended, must be approved and paid for in accordance with established fee schedules. Fee schedules for medical services and supplies are part of 114.3 CMR and generally represent rates as established by the Division of Health Care Finance and Policy (DHCFP), formerly the Massachusetts Rate Setting Commission. Established fee schedules for professional services may not be exceeded. A veterans' agent must refer medical fees and fees for medical services not on fee schedules to the DVS.
(2) Items of medical care must be recommended in accordance with standards outlined in the Division of Health Care Finance and Policy (DHCFP) regulations at 114.3 CMR. Most items require evaluation and recommendation of the attending physician. In some instances, the professional opinion of a specialist or clinical physician is required; in others, the assessment by a specialized agency such as a hearing evaluation center for a hearing aid or a physical therapist for a wheelchair will be required. A veterans' agent may approve purchase of recommended items of medical care only when the standards of 114.3 CMR have been satisfied.
Code of Massachusetts Regulations › 108 CMR - EXECUTIVE OFFICE OF VETERANS' SERVICES › Title 108 CMR 10.00 - Medical Care › Section 10.03 - Prohibition of Charges to Recipients

Current through Register 1525, July 5, 2024
Any provider of health care services which receives reimbursement or payment from any governmental unit for general health supplies or services shall accept reimbursement or payment at the rate established by the DHCFP as payment in full. Recipients shall not be charged.
Code of Massachusetts Regulations › 108 CMR - EXECUTIVE OFFICE OF VETERANS' SERVICES › Title 108 CMR 10.00 - Medical Care › Section 10.04 - Eligibility

Current through Register 1525, July 5, 2024
The definitions and methods of determining reimbursements contained herein are regulations promulgated by the DHCFP. All fee schedules that are changed and promulgated by the DHCFP will be sent to all veterans' agents as the changes occur.
(1)
Unlimited Medical Benefits
. Medical services for eligible veterans and their dependents who are unemployable, permanently disabled, in receipt of Social Security, VA pension, or other retirement pensions shall be all benefits that are currently included in 114.3 CMR.
(2)
Limited Medical Benefits
. Medical services for eligible veterans and their dependents who are in receipt of ordinary benefits because of unemployment or illness, but who are expected to return to employment, shall be limited to emergency cases or cases of elimination of pain. All other cases considered medically essential require prior approval by the Secretary.
Code of Massachusetts Regulations › 108 CMR - EXECUTIVE OFFICE OF VETERANS' SERVICES › Title 108 CMR 10.00 - Medical Care › Section 10.05 - Community Resources, Alternative Sources for Medical Care and Prescription Drugs

Current through Register 1525, July 5, 2024
All community resources, both public and private, should be used both for the prevention of disease and treatment of illness. Procedures for the use of these health services should be carefully planned so that all agencies concerned, as well as recipients involved, will understand the purpose of the services and the method of obtaining them. If these services are not readily available in a particular city or town, adjacent communities should be utilized. An applicant who is a veteran shall agree to utilize alternative sources of medical care and prescription drugs such as Department of Veterans Affairs Medical Centers, Outpatient Clinics and the Soldiers' Homes in Chelsea and Holyoke. Any co-payment or fees assessed the veteran by these facilities for medical care or prescription drugs may be reimbursed to the veteran. This provision shall not apply when it would be unreasonable for the veteran due to age, physical condition or distances involved in traveling to utilize such alternative sources.
Code of Massachusetts Regulations › 108 CMR - EXECUTIVE OFFICE OF VETERANS' SERVICES › Title 108 CMR 10.00 - Medical Care › Section 10.06 - Rehabilitation

Current through Register 1525, July 5, 2024
The veterans' agent is responsible for locating all possible facilities for applicants or recipients who need rehabilitation and directing them there. These facilities include rehabilitation clinics, the services of the Massachusetts Rehabilitation Commission, shelter workshops, and other agencies providing services.
Code of Massachusetts Regulations › 108 CMR - EXECUTIVE OFFICE OF VETERANS' SERVICES › Title 108 CMR 10.00 - Medical Care › Section 10.07 - Home Health Aid Services

Current through Register 1525, July 5, 2024
When the need is identified as a component of a medical treatment plan, home health aid services maybe provided when authorized by DVS. Prior approval is needed. Rates are subject to the rates established by the DHCFP.
Code of Massachusetts Regulations › 108 CMR - EXECUTIVE OFFICE OF VETERANS' SERVICES › Title 108 CMR 10.00 - Medical Care › Section 10.08 - Visiting Nurse Service

Current through Register 1525, July 5, 2024
Services of visiting nurse associations shall be provided by veterans' agents to recipients whenever bedside nursing is required and cannot be furnished by members of the family. This service is permitted only on a recommendation by a physician and requires prior approval. The physician must submit to the veterans' agent the plan of treatment, treatment needed, amount of time involved and projected number of visits needed to complete the treatment plan. The rate of payments to eligible providers are subject to the rates established by the DHCFP.
Code of Massachusetts Regulations › 108 CMR - EXECUTIVE OFFICE OF VETERANS' SERVICES › Title 108 CMR 10.00 - Medical Care › Section 10.09 - Nursing Home Care

Current through Register 1525, July 5, 2024
(1) When eligible applicants are recommended for care in a nursing home by their attending physicians, or the hospitals, the veterans' agent should process an application (FormVS-1) and submit it to DVS. The veterans' agent must also verify that the nursing home is properly licensed and verify the per diemrate as set by the DHCFP. The veterans' agent shall assist eligible patients in filing for all possible available resources pursuant to 108 CMR 6.01(3). Particular attention must be paid to those patients who are in receipt of VA pensions. The Department's offices in Boston and in Providence should be utilized to file for additional benefits.
(2) The total monthly income of the patient, with the exception of an allowance for personal needs, must be applied toward payment of the nursing home bill. The balance will be paid by the veterans' agent at the state approved
per diem
rate.
(3) The patient's personal needs allowance shall not be used to purchase items included in the per diem rate set by the DHCFP for the facility. Maximum accumulated personal needs benefits are subject to the provisions of 108 CMR 5.02(11).
Code of Massachusetts Regulations › 108 CMR - EXECUTIVE OFFICE OF VETERANS' SERVICES › Title 108 CMR 10.00 - Medical Care › Section 10.10 - Retroactive Rate Adjustments

Current through Register 1525, July 5, 2024
Retroactive rate adjustments are necessary whenever the DHCFP changes rates for a long-term care facility. When there is a retroactive increase, the DVS incurs a liability to the provider. When there is a retroactive decrease, the provider must repay DVS.
Code of Massachusetts Regulations › 108 CMR - EXECUTIVE OFFICE OF VETERANS' SERVICES › Title 108 CMR 10.00 - Medical Care › Section 10.11 - Hospital Health Insurance

Current through Register 1525, July 5, 2024
When a veterans' agent notes on a Form VS-1 that the applicant has some type of hospital insurance, the veteran's agent must properly submit the following information:
(1) Name of company
(2) Persons covered under plan
(3) Full details of plan
(4) Regular insurance plan
(5) Master Medical plan (MM)
(6) Unlimited Medical plan (UMC)
(7) Prolonged Illness plan (PIC)
Code of Massachusetts Regulations › 108 CMR - EXECUTIVE OFFICE OF VETERANS' SERVICES › Title 108 CMR 10.00 - Medical Care › Section 10.12 - Hospital Billing with Insurance

Current through Register 1525, July 5, 2024
INPATIENT HOSPITAL BILLING
OUTPATIENT HOSPITAL BILLING
If applicant eligible, bill must show:
If applicant eligible, bill must show:
Total amount of charges X percentage
Total amount of charges X percentage
of charges
of charges
Total public assistance bill minus
Total public assistance bill minus
insurance payment insurance payment
Balance - paid by DVS
Balance - paid by DVS
Code of Massachusetts Regulations › 108 CMR - EXECUTIVE OFFICE OF VETERANS' SERVICES › Title 108 CMR 10.00 - Medical Care › Section 10.13 - Physicians' Payments

Current through Register 1525, July 5, 2024
(1) If applicant is eligible, bills must be addressed to the veterans' agent, and services must be coded according to the DHCFP (114.3 CMR).
(2) A veterans' agent must not submit a request for reimbursement for services provided by a physician or vendor when health insurance is in force, until proof, in writing, is received from the insurance company that the request for payment has been approved or disapproved. This written proof must be submitted to the appropriate DVS authorizer with each request for reimbursement.
Code of Massachusetts Regulations › 108 CMR - EXECUTIVE OFFICE OF VETERANS' SERVICES › Title 108 CMR 10.00 - Medical Care › Section 10.14 - Supplemental Payment to Insurance Prohibited

Current through Register 1525, July 5, 2024
(1)
Applicants Not Covered by Medicare
. DVS will not allow payment for services by a physician in cases where the applicant has medical insurance and that insurance has already made payment. Payment by the insurance company means the bill is paid in full.
(2)
Applicants Covered by Medicare-Part B Supplemental Insurance.
DVS will not authorize payment to any physician for services performed to an eligible applicant who is covered under Medicare B and also has supplemental insurance. This policy applies only to physicians and does not affect other providers of medical care under Part B of Medicare. DVS will continue to participate in the payment of premiums. For those applicants without supplemental insurance, the DVS will continue to pay the deductibles and the 20% balance of the allowable rate pursuant to M.G.L. c. 112 § 2.
Code of Massachusetts Regulations › 108 CMR - EXECUTIVE OFFICE OF VETERANS' SERVICES › Title 108 CMR 10.00 - Medical Care › Section 10.16 - Physicians' Services, Exclusion and Exceptions

Current through Register 1525, July 5, 2024
108 CMR 10.00 and fees for payment shall not apply to the rates of payment to physicians for medical, surgical, anesthesia and X-ray services provided in state institutions by state-employed physicians or physician consultants in state hospitals. Also, 108 CMR 10.00 and fees for payment shall not apply to:
(1) Physicians whose contractual arrangements with hospitals and affiliated medical schools involve a salary, compensation in kind, teaching research or payment from any other source resulting in dual compensation for professional, supervisory or administrative services related to patient care.
(2) Physicians who serve as interns, residents, fellows or house officers.
(3) Physicians who serve as attending, visiting, or supervisory physicians in a hospital, if any of the following conditions exists:
(a) the physician does not customarily bill private patients without insurance under comparable circumstances
(b) the physician is not legally responsible for, or the physician does not control management of the patient's case with respect to medical, surgical anesthesia or X-ray services
(c) the physician does not perform the medical, surgical, anesthesia or X-ray services
(d) the physician does not meet DVS's conditions of participation for physicians
Code of Massachusetts Regulations › 108 CMR - EXECUTIVE OFFICE OF VETERANS' SERVICES › Title 108 CMR 10.00 - Medical Care › Section 10.17 - Dental Services

Current through Register 1525, July 5, 2024
DVS will reimburse for necessary dental services essential to the maintenance of oral health for eligible recipients, but not provide elective or cosmetic services. Prior approval must be requested in conjunction with the total treatment plan for all dental services other than basic restorative or prophylactic services.
Code of Massachusetts Regulations › 108 CMR - EXECUTIVE OFFICE OF VETERANS' SERVICES › Title 108 CMR 10.00 - Medical Care › Section 10.18 - Prescribed Drugs

Current through Register 1525, July 5, 2024
By 114. 3 CMR 31.00, the DHCFP determines the rates of payments to be used by DVS for prescribed drugs dispensed to eligible recipients of veterans' benefits. The rates of payment represent full compensation for professional services rendered, as well as for any related administrative or supervisory duties.
Code of Massachusetts Regulations › 108 CMR - EXECUTIVE OFFICE OF VETERANS' SERVICES › Title 108 CMR 10.00 - Medical Care › Section 10.19 - Procedures for Prescription Authorization

Current through Register 1525, July 5, 2024
(1) The veterans' agents should inform pharmacists in their area that billing should be on a monthly basis to the veterans' agent; and bills should clearly state:
(a) name and address of the recipient
(b) number of the prescription (identity)
(c) type, quantity, dosage of the medicine, and date filled
(d) number of refills
(e) when it is a refill, if provided by the pharmacist it must state which refill of the original prescription it covers: "Third of Five": etc.
Code of Massachusetts Regulations › 108 CMR - EXECUTIVE OFFICE OF VETERANS' SERVICES › Title 108 CMR 10.00 - Medical Care › Section 10.20 - Podiatry Services

Current through Register 1525, July 5, 2024
(1)
Reimbursement for Essential Services
. DVS will reimburse for podiatric services essential for the prevention and treatment of disease. It is not the intent of the program to provide cosmetic or unnecessary services. Podiatric services will not be approved without a statement of medical necessity from a physician.
(2)
Number of Allowed Visits
. Recipients will be allowed one visit per month. Other service must be documented, including diagnosis, and description of treatment plan, and reviewed by the DVS. Procedures for specific foot problems which require surgery, either in the podiatrist's office or in a hospital, shall be referred to a medical consultant. Podiatric services will not be approved without a statement of medial necessity from a physician and they require prior DVS approval.
Code of Massachusetts Regulations › 108 CMR - EXECUTIVE OFFICE OF VETERANS' SERVICES › Title 108 CMR 10.00 - Medical Care › Section 10.22 - Psychiatric Care

Current through Register 1525, July 5, 2024
DVS will not participate in the payment for services related to mental health. All mental health services are the responsibility of the Department of Mental Health. Transient (short term) acute psychiatric episodes associated with a physical disease process, may be submitted to the appropriate DVS Authorizer. Applications for benefits in such cases must include a medical report from a physician fully explaining the circumstances and the need for short term psychiatric care.
Code of Massachusetts Regulations › 108 CMR - EXECUTIVE OFFICE OF VETERANS' SERVICES › Title 108 CMR 10.00 - Medical Care › Section 10.23 - Special Review: Appeals

Current through Register 1525, July 5, 2024
When the physician provider believes that circumstances warrant special consideration and review by the DVS the physician should enclose a written request to this effect, accompanied by pertinent documents. This request for review should be sent to DVS. Any claims for surgical procedures not listed in the fee schedule should be sent to DVS for review.
Code of Massachusetts Regulations › 108 CMR - EXECUTIVE OFFICE OF VETERANS' SERVICES › Title 108 CMR 10.00 - Medical Care › Section 10.24 - Conflict of Regulations

Current through Register 1525, July 5, 2024
Medical care shall be provided in accordance with the standards and limitations of 114.3 CMR which embodies the policies, procedures, standards and fees relating to administration of the medical care aspects of the public assistance programs in the Commonwealth of Massachusetts. In the event of discrepancies or conflicts between 108 CMR 10.00 and any other chapter of 108 C MR, the provisions of 108 CMR 10.00 shall apply.
Code of Massachusetts Regulations › 108 CMR - EXECUTIVE OFFICE OF VETERANS' SERVICES › Title 108 CMR 11.00 - Persian Gulf War Bonus Under St. 1992, C. 153 › Section 11.01 - Determination of Eligibility

Current through Register 1525, July 5, 2024
(1)
Military Service, Massachusetts Domicile Requirements
. Upon application, as hereinafter provided, there shall be allowed and paid by the Secretary the payment of a bonus to Persian Gulf War veterans of Operations Desert Shield and Desert Storm who shall have performed active service in the Armed Forces of the United States for a period of 30 days or more during the period of August 2, 1990 to April 11, 1991 and who were released from active service or discharged under honorable conditions from such service the sum hereafter specified; provided, however, that the domicile of every person on account of whose service the application is filed shall be in the Commonwealth. Any such Persian Gulf War veteran who served in said Armed Forces during the period specified in 108 CMR 11.01(1) and was awarded a service-connected disability by the United States Department of Veterans Affairs or a Purple Heart, or who died in said service under conditions other than dishonorable, shall be deemed eligible for the payments provided for in 108 CMR 11.00 notwithstanding his or her failure to complete 30 days of active service.
(2)
Payment of Bonus, Eligibility
.
(a) $500 to each such Persian Gulf War veteran who performed active service in the Persian Gulf area in Operations Desert Shield and Desert Storm and is in receipt of the Southwest Asia Service Medal established by executive order of the President on March 13, 1991;
(b) $300 to all other such Persian Gulf veterans who were called to active service in support of said operations as members of the Army National Guard or Air National Guard or as a reservist in the Armed Forces of the United States and served in an area other than the Persian Gulf area.
Code of Massachusetts Regulations › 108 CMR - EXECUTIVE OFFICE OF VETERANS' SERVICES › Title 108 CMR 11.00 - Persian Gulf War Bonus Under St. 1992, C. 153 › Section 11.02 - Definition of the Term "Armed Forces"

Current through Register 1525, July 5, 2024
(1) The words "Armed Forces", as used in 108 CMR 11.00, shall mean the following: United States Army, United States Army Reserve, Army National Guard, United States Marine Corps, United States Marine Corps Reserve, United States Navy, United States Navy Reserve, United States Air Force, United States Air Force Reserve, Air National Guard, United States Coast Guard, and United States Coast Guard Reserve.
(2) "Active service in the Armed Forces", as used in 108 CMR 11.00 shall not include active duty for training in the Army National Guard or Air National Guard or active duty for training as a reservist in the Armed Forces of the United States.
Code of Massachusetts Regulations › 108 CMR - EXECUTIVE OFFICE OF VETERANS' SERVICES › Title 108 CMR 11.00 - Persian Gulf War Bonus Under St. 1992, C. 153 › Section 11.03 - Application Procedures

Current through Register 1525, July 5, 2024
Applications hereunder shall be filed with the Secretary of DVS, upon forms to be furnished by him or her. The Secretary may accept the written statement of the clerk of a city or town that a person claimingpay or on whose account pay is claimed or on whose account pay is claimed by a dependent or heir-at-law, under the provisions of 108 CMR 11.00, was domiciled therein on the first day of January, 1990 or 1991 as
prima facie
evidence of domicile, and he or she may accept such other evidence of domicile as he or she may consider adequate or necessary. The clerks of the several cities and towns shall, at the request of the Secretary, forthwith furnish such information relative to such domicile as their records may disclose. The Secretary may require and accept such additional evidence as he or she may consider necessary to establish the fact of domicile within the Commonwealth as provided for under the provisions of 108 CMR 11.01(1).
Code of Massachusetts Regulations › 108 CMR - EXECUTIVE OFFICE OF VETERANS' SERVICES › Title 108 CMR 11.00 - Persian Gulf War Bonus Under St. 1992, C. 153 › Section 11.04 - General Provisions

Current through Register 1525, July 5, 2024
(1) In the case of the decease of any person who would, if alive, be entitled to the benefits of 108 CMR 11.00, the sumnamed therein shall be paid to his or her heirs-at-law, provided, however, that if there is more than one heir-at-law; payments shall in either case be made in such proportions as the Secretary shall determine, and in determining the order of precedence so far as practicable the following order shall be observed: wife and children, mother or father, brother or sister, other dependents; provided, however, that no right or payment under 108 CMR 11.00 shall be subject to the claims of creditors, capable of assignment, regarded as assets, legal or equitable, of the estate of the deceased or made the basis for administration thereof.
(2) In the case of the decease of any person who died while in active service as specified in 108 CMR 11.01(1), there shall be paid the sum of $500.00 subject to, and in the manner provided by, 108 CMR 11.04(1).
(3) In the case of any person who is mentally incompetent and is entitled to the benefits of 108 CMR 11.00 and for whom no legal guardian has been appointed by the court, the sum named therein shall be paid to his or her dependents, and in determining the order of precedence so far as practicable the following order shall be observed: wife and children, mother or father, brother or sister, other dependents.
(4) Any person aggrieved by a decision of the Secretary in the matter of payments provided for by 108 CMR 11.00 may appeal to a board to consist of a member of DVS, a city or town veterans' agent appointed pursuant to the provisions of M.G.L. c. 115, § 3, both of whom shall be designated by the Secretary, and the Adjutant General or his or her designee, and shall be entitled to a hearing, after due notice, upon such appeal. The decision of such board shall be final. Such appeal shall be in writing and addressed to the Persian Gulf War Bonus Appeal Board, 100 Cambridge Street, Room 1002, Boston, MA 02202 and must be received within 30 days of the receipt of Secretary's decision.
Code of Massachusetts Regulations › 108 CMR - EXECUTIVE OFFICE OF VETERANS' SERVICES › Title 108 CMR 11.00 - Persian Gulf War Bonus Under St. 1992, C. 153 › Section 11.05 - Penalty Provision

Current through Register 1525, July 5, 2024
Whoever knowingly makes a false statement, oral or written, relating to a material fact in supporting a claim under the provisions of 108 CMR 11.00 shall be punished by a fine of not more than $1,000.00, or by imprisonment for not more than three years, or both. Offenses under 108 CMR 11.05 may be prosecuted by the Attorney General, or under his or her direction, in any court within the Commonwealth, and all fines collected thereunder shall be paid into the Treasury of the Commonwealth.
Code of Massachusetts Regulations › 108 CMR - EXECUTIVE OFFICE OF VETERANS' SERVICES › Title 108 CMR 12.00 - Districts And Duties Of Veterans' Agents › Section 12.01 - Providing Required Services to the Veterans and Dependents

Current through Register 1525, July 5, 2024
(1) The directors of veterans' services of every district shall perform the duties of their office in each of the municipalities comprising such district.
(2) The Secretary requires every district, whether existing or newly formed, to maintain a central office within the district to insure that veterans and their dependents will be able to contact and receive such proper advice and assistance by a district's director of veterans' services.
(3) Districts are encouraged to maintain satellite offices in the municipal buildings in other municipalities within said district where veterans and their dependents can meet in confidence with the district director.
(4) In every central office maintained within the district, the hours of operation shall be the hours of operation of the main municipal building of that municipality. In every office or municipal building, the name of the District Director, hours of operation, locations of every office within said district, and telephone numbers shall be posted conspicuously and readily accessible for all to read.
Code of Massachusetts Regulations › 108 CMR - EXECUTIVE OFFICE OF VETERANS' SERVICES › Title 108 CMR 12.00 - Districts And Duties Of Veterans' Agents › Section 12.02 - Prior Approval of Secretary Necessary to Form or Expand a District

Current through Register 1525, July 5, 2024
(1) The Secretary, relying upon the statutory authority of M.G.L. c. 115, § 14, requires any municipalities contemplating the formation or expansion of a district to submit a request for approval prior to forming or expanding a district.
(2) To provide a rational basis upon which the Secretary will consider any request for approval to form a district, the following information must be provided:
(a) the names of each municipality seeking to form a district,
(b) the population of each municipality,
(c) the position title of each person to be employed
(d) the central office location,
(e) any satellite office location, and
(f) hours of operation for the central office and every satellite office.
Code of Massachusetts Regulations › 108 CMR - EXECUTIVE OFFICE OF VETERANS' SERVICES › Title 108 CMR 12.00 - Districts And Duties Of Veterans' Agents › Section 12.03 - Requirements of St. 1972, c. 471 for Full-time Veterans' Agents

Current through Register 1525, July 5, 2024
Notwithstanding any provision of the law to the contrary, any city or town having a population over 12,000 and having a part-time veterans' agent or part-time director or veterans' services shall, at the end of term of such agent or director, whether by resignation, retirement or otherwise, either join a veterans' service district in manner provided by M.G.L. c. 115 § 10, or appoint a full-time veterans' agent or director of veterans' services. These provisions shall not apply to any city or town so long as the incumbent of the office of part-time veterans' agent or part-time director of veterans' services holds such office by reappointment.
Code of Massachusetts Regulations › 108 CMR - EXECUTIVE OFFICE OF VETERANS' SERVICES › Title 108 CMR 12.00 - Districts And Duties Of Veterans' Agents › Section 12.04 - Duties of Veterans' Agents

Current through Register 1525, July 5, 2024
(1) With the approval of the Secretary, a municipality may assign non-veterans' business to full-time veterans' agents for the municipality, provided he or she is available to perform veterans' business during normal hours of town or city hall business. The full-time veterans' agent shall not hold any other full- time position in the municipality.
(2) In addition to administering public assistance benefits under M.G.L. c. 115, the veterans' agent shall also assist veterans in obtaining VA compensation and pension.
(3) The veterans' agent shall furnish information, advice and assistance to veterans and their dependent to enable them to procure the benefits to which they are or may be entitled relative to employment, vocational or other educational opportunities, hospitalization, medical care, and other veterans' benefits.
(4) The veterans' agent shall acquire and have on hand copies of current booklets and other printed matter pertaining to statutory rights of veterans provided under state and federal laws. They shall also work in close coordination with existing federal agencies established for the aid of veterans, and they shall enlist the support of hospitals within their respective communities or districts for carrying out their mission.
Code of Massachusetts Regulations › 108 CMR - EXECUTIVE OFFICE OF VETERANS' SERVICES › Title 108 CMR 13.00 - REIMBURSEMENTS TO MUNICIPALITIES REGULATORY AUTHORITY › Section 13.01 - Requirements for Reimbursement to Municipalities

Current through Register 1525, July 5, 2024
(1)
Certification under the Penalties of Perjury
. Pursuant to M.G.L. c. 115, § 6, the veterans' agent and the treasurer of each city or town shall submit a certification on Forms VS-5 and VS-6 within thirty days following the month in which expenditures for veterans' benefits and flags were made.
(2)
Form VS-5
: A Form VS-5 requires:
(a) a summary of the monthly total, by category, of benefits expended by a city or town for veterans' benefits in a specific month,
(b) the number of cases charged for specific month,
(c) the total monthly amount, for all categories expended for veterans' benefits and
(d) the signatures of both the veterans' agent and the Treasurer on an affidavit, under oath and the penalties of perjury, that the persons listed on the attached VS-6 were aided according to the provisions of M.G.L. c. 115, and the sums of monies actually paid to or for each person listed.
(e) a negative VS-5 must be submitted in months when no benefits are paid.
Code of Massachusetts Regulations › 108 CMR - EXECUTIVE OFFICE OF VETERANS' SERVICES › Title 108 CMR 13.00 - REIMBURSEMENTS TO MUNICIPALITIES REGULATORY AUTHORITY › Section 13.02 - Secretary's Monthly Examination and Audit of VS-5s and VS-6s

Current through Register 1525, July 5, 2024
(1) DVS shall examine and audit the monthly submissions of the VS-5 and VS-6 from all municipalities and shall allow and endorse the amounts that have been properly paid by a municipality, authorized for reimbursement, and reported in accordance with the provisions of M.G.L. c. 115 § 6.
(2) The Secretary decides upon the necessity of the amount paid in each case, and may allow any part thereof deemed proper and lawful. This amount will be reported back to the municipal treasurer on a "Summary of Requested Benefits VS-7" form. The VS-7 shall list the total amounts requested, the amount disallowed by name of recipient, a description of the benefit disallowed, and the total amount disallowed. Additionally, the VS-7 will reflect any VS-20B deductions as reported by the municipality for funds received as repayment of benefits.
(3) Subject to such decision and allowance, DVS shall reimburse 75% of the amounts of veterans' benefits paid to applicants and recipients by the cities and towns wherein they reside. The Commonwealth shall pay to the cities and towns on or before November 10th of the following year.
Code of Massachusetts Regulations › 108 CMR - EXECUTIVE OFFICE OF VETERANS' SERVICES › Title 108 CMR 13.00 - REIMBURSEMENTS TO MUNICIPALITIES REGULATORY AUTHORITY › Section 13.03 - Reimbursement of Flags Purchased for Veterans' Graves

Current through Register 1525, July 5, 2024
M.G.L. c. 115, § 9, requires municipalities with cemeteries containing the remains of deceased veterans to place on their graves a flag of the United States on every Memorial Day. Subject to review of paid receipts and allowance, the Secretary shall reimburse, once a year, 75%.
(1) The standard size flag for veterans' graves shall be determined by the municipality.
(2) The number of flags that shall be reimbursed shall not exceed 5% over the number of veterans' graves. Any excess flags purchased in one year must be saved and used in the following year.
(3) The veterans' agent shall list the flags described herein on the last line of a VS-6, and attach a receipt for the flags purchased.
Code of Massachusetts Regulations › 108 CMR - EXECUTIVE OFFICE OF VETERANS' SERVICES › Title 108 CMR 14.00 - Certification Of Veterans' Agents › Section 14.01 - General Requirements

Current through Register 1525, July 5, 2024
(1) Every person who receives an appointment as a veterans' agent or who is currently employed as a veterans' agent under M.G.L. c. 115, § 3 shall be certified. To be certified as an agent, the candidate shall, at a minimum, meet the following qualifications:
(a) be appointed pursuant to the provisions of M.G.L. c. 115, § 3;
(b) attend a mandatory training within six months of appointment, administered by the Secretary;
(c) following the initial mandatory training within six months of appointment, attend a mandatory training once every calendar year, as scheduled by the Secretary; and
(d) take and pass, once every three years, the certification examination which will be offered at each mandatory training.
Code of Massachusetts Regulations › 108 CMR - EXECUTIVE OFFICE OF VETERANS' SERVICES › Title 108 CMR 14.00 - Certification Of Veterans' Agents › Section 14.02 - Applications for Certification

Current through Register 1525, July 5, 2024
(1)
Currently Employed Veterans' Agents
. Within six months of September 25, 2015, currently employed veterans' agents shall submit an application to take the certification examination to the Secretary. Applications which are not complete or not legible shall not be accepted and shall be returned to the Agent for re-submission.
(2)
New Veterans' Agents
. All veterans' agents appointed after September 25, 2015 shall submit an application for examination to the Secretary for approval within six months of the appointment. Applications which are not complete, not legible, or are not accompanied by the required documentation shall not be accepted and shall be returned to the applicant for re-submission. Required documentation for new veterans' agents shall include a copy of the letter of the applicant's appointment as a veterans' agent and proof that the applicant meets the definition of a veteran as set out in M.G.L. c. 4, § 7, clause forty-third and M.G.L. c. 115, § 3.
Code of Massachusetts Regulations › 108 CMR - EXECUTIVE OFFICE OF VETERANS' SERVICES › Title 108 CMR 14.00 - Certification Of Veterans' Agents › Section 14.03 - Examination Administration, Passing Requirements and Reexamination Requirements

Current through Register 1525, July 5, 2024
(1)
General Examination Format
. The content of the veterans' agent certification examination shall be determined by the Secretary and shall assess areas of knowledge in two parts:
(a) Part One shall include veterans' benefits contained in M.G.L. c. 115, the regulations contained in 108 CMR, and the Directives issued by the Secretary, as well as federal and local benefits, including employment, education, health care, including treatment for a substance use disorder, retirement and other veterans' benefits, and alternative resources, including those partially or wholly subsidized by the federal government, such as Medicaid, Supplemental Security Income and Social Security Disability benefits and federal pension and compensation entitlements.
(b) Part Two of the examination may be satisfied by proof by the veterans' agent that he or she has taken and passed the Training Response Involvement and Preparation course (TRIP) offered through the VA and has been certified as a National Service Officer by a federally chartered national veterans' service organization.
(c) The certification examination may be amended at the sole discretion of the Secretary to reflect the adoption of existing or new procedures, or adoption of other related regulations or laws from the date of enactment of such regulation or law.
Code of Massachusetts Regulations › 108 CMR - EXECUTIVE OFFICE OF VETERANS' SERVICES › Title 108 CMR 14.00 - Certification Of Veterans' Agents › Section 14.04 - Examination Review and Appeal

Current through Register 1525, July 5, 2024
(1)
Procedure
.
(a) Any candidate who fails an examination may apply to the department in writing for an opportunity to review the examination. Requests for review of an examination will not be accepted more than 30 days from the score report date.
(b) Candidates permitted to review an examination may be accompanied by an attorney or other representative while engaged in such review. Under no circumstances, however, will a veterans' agent who has not yet taken the examination be permitted to accompany the requesting candidate to the requested review.
(c) The candidate will then have 30 days from the date of the examination review to submit an appeal of the content of the examination questions or items and to seek an adjustment or reversal of the failing score on any part of the certification examination.
Code of Massachusetts Regulations › 108 CMR - EXECUTIVE OFFICE OF VETERANS' SERVICES › Title 108 CMR 14.00 - Certification Of Veterans' Agents › Section 14.05 - Failure to Comply with Requirements of the 108 CMR 14.00

Current through Register 1525, July 5, 2024
(1)
Reduction in Reimbursement Allowance
. Failure of a veterans' agent to comply with the requirements of 108 CMR 14.00 shall result in a finding that the city or town which employs the veterans' agent is not in compliance with the requirements of M.G.L. c. 115, § 3, and shall further result in the reduction of the reimbursement allowance, paid by the Commonwealth under M.G.L. c. 115, § 6, to 50%. The reduction shall remain in effect:
(a) until the city or town is in full compliance pursuant to a time period designated by the Secretary; or
(b) until a plan is agreed upon by the Secretary and the city or town that employs the veterans' agent for that agent to be in full compliance by an agreed-upon date; or
(c) until such time as the veterans' agent has been removed.
Code of Massachusetts Regulations › 108 CMR - EXECUTIVE OFFICE OF VETERANS' SERVICES › Title 108 CMR 14.00 - Certification Of Veterans' Agents › Section 14.06 - Certification of Veterans' Agent Does Not Relieve Cities and Towns of Obligation to Comply with Statutory and Regulatory Requirements

Current through Register 1525, July 5, 2024
The veterans' agent's certification pursuant to the requirements of 108 CMR 14.00 does not relieve the cities and towns of their general obligation to comply with the requirements of M.G.L. c. 115 and 108 CMR, and any failure to do so may result in a finding of non-compliance by the Secretary, which shall result in the reduction of the reimbursement allowance, paid by the Commonwealth under M.G.L. c. 115, § 6 to 50%.
Code of Massachusetts Regulations › 108 CMR - EXECUTIVE OFFICE OF VETERANS' SERVICES › Title 108 CMR 14.00 - Certification Of Veterans' Agents › Section 14.07 - Exemption from Certification Requirement

Current through Register 1525, July 5, 2024
A person who is appointed as a veterans' agent may be exempted, for a maximum period of six months and for good cause only, from the training and examination requirements of 108 CMR 14.00. A request for exemption shall be made in writing to the Secretary and shall set out a detailed statement of reasons why good cause exists for such an exemption. The decision by the Secretary on said request shall be final.
Code of Massachusetts Regulations › 108 CMR - EXECUTIVE OFFICE OF VETERANS' SERVICES › Title 108 CMR 15.00 - Criminal Offender Record Checks › Section 15.01 - Purpose

Current through Register 1525, July 5, 2024
The purpose of
				108 CMR
				15.00 is to establish a core standardized policy and
				procedure for the Executive Office of Veterans' Services (EOVS), its agencies,
				and vendor programs regarding the review of criminal records of candidates for
				employment, applicants to the state operated veterans' homes, and
				volunteers.
Code of Massachusetts Regulations › 108 CMR - EXECUTIVE OFFICE OF VETERANS' SERVICES › Title 108 CMR 15.00 - Criminal Offender Record Checks › Section 15.02 - Policy

Current through Register 1525, July 5, 2024
It is the policy of EOVS that an individual's background,
				including any Criminal Offender Record Information (CORI) and other relevant
				information, be carefully considered so that the vulnerable populations served
				by EOVS, and its agencies are protected. It is also the policy of EOVS that
				qualified rehabilitated offenders are given a fair opportunity to be employed
				and reintegrate successfully into the workforce. Further, a criminal background
				check should only occur, and its results considered, in those instances where a
				current or prospective employee shall have been deemed otherwise qualified and
				the content of a criminal record is relevant to the duties and qualifications
				of the position. Without limitation, a criminal background check is also an
				important step in screening potential residents for admission to state-operated
				veteran homes, providing that rehabilitated individuals who pose no threat to
				current residents or clients should be given an equal and fair consideration
				for admission. It is the policy of EOVS that convictions of certain crimes may
				pose an unacceptable risk to the vulnerable populations served by EOVS and its
				vendor agencies.
Code of Massachusetts Regulations › 108 CMR - EXECUTIVE OFFICE OF VETERANS' SERVICES › Title 108 CMR 15.00 - Criminal Offender Record Checks › Section 15.03 - Scope

Current through Register 1525, July 5, 2024
(1) Upon completion of registration with the
			 Department of Criminal Justice Information Services (DCJIS), criminal history
			 information shall be required and only considered with respect to the following
			 categories of applicants and employees of EOVS, its agencies, and vendor
			 programs:
(a) applicants and employees seeking
			 a position that entails the potential for unsupervised contact with program
			 residents or clients. applicants and employees for whom a CORI is necessary to
			 comply with other legal requirements, or for whom a CORI is otherwise deemed by
			 EOVS, its agencies, or vendor programs to be relevant to the duties and
			 qualifications of the position; and
(b) employees who apply for a new position
			 that falls within the scope of 108 CMR 15.03(1)(a) or (b).
(c) Applicants or employees being considered
			 for positions detailed as key staff by the Secretary.
Code of Massachusetts Regulations › 108 CMR - EXECUTIVE OFFICE OF VETERANS' SERVICES › Title 108 CMR 15.00 - Criminal Offender Record Checks › Section 15.05 - Application Forms

Current through Register 1525, July 5, 2024
(1)
Disclosure of Criminal Records
. No initial employment
			 application form may ask whether an applicant has a criminal record. Only a
			 candidate who has been first determined otherwise eligible for a position
			 subject to a CORI and given a conditional offer of employment subject to
			 consideration of any criminal record, may be asked to complete a supplemental
			 form requiring the disclosure of the candidate's criminal record. No inquiry
			 may be made inconsistent with M.G.L. c. 151B, § 4.
(2)
CORI Authorization Forms and
			 Consent
.
(a) The hiring authority
			 will ensure that a candidate provides consent to a CORI investigation and,
			 where applicable, to the periodic conduct of further CORI investigations during
			 employment.
(b) All candidates must
			 complete an appropriate CORI Acknowledgement Form and in accordance with DCJIS
			 regulations at
			 803 CMR
			 2.00:
Criminal Offender Record Information
			 (CORI)
, the hiring authority shall verify the candidate's identity by
			 forms of documentation as determined by DCJIS. If the hiring authority is
			 unable to verify a subject's identity and signature in person, the subject may
			 submit a completed CORI Acknowledgment Form acknowledged by the candidate
			 before a notary public.
Code of Massachusetts Regulations › 108 CMR - EXECUTIVE OFFICE OF VETERANS' SERVICES › Title 108 CMR 15.00 - Criminal Offender Record Checks › Section 15.06 - CORI Investigations

Current through Register 1525, July 5, 2024
(1) A hiring
			 authority will complete a CORI investigation only after determining that the
			 person is otherwise qualified for employment and making a conditional offer of
			 employment to a candidate, subject to consideration of any criminal
			 record.
(2) The hiring authority
			 will confirm an offer only after the hiring authority receives written
			 confirmation that the criminal record investigation has resulted in a finding
			 of "no record" or the hiring authority has complied with the requirements of
			 108
			 CMR 15.07,
			 15.08, and
			 15.09. The hiring authority
			 will not permit any candidate to commence employment until after the candidate
			 is cleared as a result of the CORI investigation in accordance with
			 101 CMR
			 15.00. Notwithstanding the foregoing, pending the
			 candidate being cleared, the hiring authority may permit the candidate to
			 commence employment on a temporary basis in a position outside the scope of
			 101
			 CMR 15.03(1).
(3) All CORI investigations that result in a
			 finding of "no record" are transmitted back to the hiring authority and provide
			 sufficient evidence of suitability for hire for 60 business days. A "no record"
			 finding may be valid for consideration for other positions during such 60
			 days.
(4) CORI investigations that
			 show findings of criminal records are sent immediately to the hiring authority
			 for review and action consistent with
			 108 CMR
			 15.00.
(5)
			 Some EOVS functions are conducted at different levels of authorized access
			 under the CORI regulations. The hiring authority must determine that they run
			 the CORI report at the correct level of access. The report of findings, or no
			 record, must reflect the correct level of access.
Code of Massachusetts Regulations › 108 CMR - EXECUTIVE OFFICE OF VETERANS' SERVICES › Title 108 CMR 15.00 - Criminal Offender Record Checks › Section 15.07 - Findings from CORI Investigations - No Further Review - Outstanding Warrants

Current through Register 1525, July 5, 2024
(1) If the CORI
			 investigation reveals a conviction of a
			 108
			 CMR 15.15:
Table B
crime
			 that is a felony more than ten years old, or a
			 108
			 CMR 15.15:
Table B
crime
			 that is a misdemeanor more than five years old, and there are no subsequent
			 convictions or pending cases of any kind, the hiring authority will not
			 consider such entries. For purposes of computing the five and ten-year time
			 periods, the period will run from the date any court supervision, probation, or
			 sentence was terminated.
(2) If the
			 CORI investigation reveals an outstanding warrant for any offense, the hiring
			 authority will inform the candidate that he or she is ineligible for employment
			 unless the warrant is removed.
(3)
			 Storage, retention, and destruction of all CORI reports, including those with a
			 finding of "norecord", shall be in accordance with DCJIS regulations at
			 803 CMR
			 2.00:
Criminal Offender Record Information
			 (CORI)
.