§ 41 — Veterans' home council

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:[ Clause (i), of subdivision (6), of subsection (a) effective until August 8, 2024. For text effective August 8, 2024, see below.](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;[ Clause (i), of subdivision (6), of subsection (a) as amended by 2024, 178, Sec. 55 effective August 8, 2024. For text effective until August 8, 2024, see above.](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 executive office 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.[ Second paragraph of clause (iv), of subdivision (6), of subsection (a) effective until August 8, 2024. For text effective August 8, 2024, see below.]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.[ Second paragraph of clause (iv), of subdivision (6), of subsection (a) as amended by 2024, 178, Sec. 55 effective August 8, 2024. For text effective until August 8, 2024, see above.]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 executive office of veterans' services.[ There is no subsection (b).]