SOLDIERS' HOMES

M.G.L. pt. Part I, tit. Title XVII, ch. c. 115A

in effect

M.G.L. c. 115A, § 1 Benefits of state-operated veterans' home; persons entitled

c. 115A, § 1. Benefits of state-operated veterans' home; persons entitled Section 1. A person who is a veteran as defined in section 1 of chapter 115 shall be entitled to out-patient treatment at, admission to and hospitalization in a state-operated veterans' home, subject to the provisions of section 3.

M.G.L. c. 115A, § 2 Service defined

c. 115A, § 2. Service defined Section 2. Service referred to in section one shall mean service during any of the following periods, both dates inclusive: — (a) Mexican Border Service, between June nineteenth, nineteen hundred and sixteen and February third, nineteen hundred and seventeen, provided, that such service was in the Massachusetts National Guard; (b) Cuban Pacification Campaign, between October sixth, nineteen hundred and six and April first, nineteen hundred and nine; (c) Nicaraguan Campaign, between August twenty-eighth, nineteen hundred and twelve and October thirtieth, nineteen hundred and twenty-nine; (d) Vera Cruz Expedition, between April twenty-first, nineteen hundred and fourteen and November twenty-sixth, nineteen hundred and fourteen; (e) Dominican Campaigns, between May fourth, nineteen hundred and sixteen and September seventeenth, nineteen hundred and twenty-four; (f) Haitian Campaign, between July ninth, nineteen hundred and fourteen and October thirtieth, nineteen hundred and twenty-nine; (g) China Expeditionary Service, between October thirtieth, nineteen hundred and twenty-nine and June thirtieth, nineteen hundred and thirty; (h) Army of Occupation in Germany, also known as the A.E.F., between November twelfth, nineteen hundred and eighteen and July eleventh, nineteen hundred and twenty-three; provided, in any case, that proof of service in the campaign, army of occupation or expedition mentioned is made.

M.G.L. c. 115A, § 3 Persons not entitled to benefits

c. 115A, § 3. Persons not entitled to benefits Section 3. No person shall be entitled to the treatment, admission or hospitalization referred to in sections one and two, unless at the time of his application for such treatment, admission or hospitalization he has actually resided within the commonwealth continuously for five years next preceding the date of such application. The burden of proof of such residence shall be the responsibility of the veteran.

M.G.L. c. 115A, § 4 Persons serving in Polish armed forces during World War I

c. 115A, § 4. Persons serving in Polish armed forces during World War I Section 4. Any person who was recruited in the United States and who served in the military service of Poland while said country was allied with the United States in World War I, between October seventh, nineteen hundred and seventeen, and January thirty-first, nineteen hundred and nineteen, both dates inclusive, shall be entitled to out-patient treatment at, admission to, and hospitalization in a state-operated veterans' home; provided, that he produces information in conformity with the rules and regulations of the state-operated veterans' homes, that he has been honorably discharged from said service, and is a citizen of the commonwealth and resides in a city or town therein, or if not such a citizen is a citizen of the United States and resides therein; but no such person shall be treated as an out-patient at, admitted to, or hospitalized in, a state-operated veterans' home if the treatment, admission or hospitalization of any person qualified under the provisions of section one would thereby be postponed or denied.

M.G.L. c. 115A, § 6 Patients funds; disposition

c. 115A, § 6. Patients funds; disposition Section 6. So much of any funds known as ''Patients Funds'' as represents monies belonging to, or deposited for the benefit of, patients or members who have been discharged or voluntarily departed from, or died at, a state-operated veterans' home, which shall have remained unclaimed for more than three years, shall be paid by the superintendent to the state treasurer to be held subject to be paid to the person establishing a lawful right thereto, with interest at the rate of three per cent per annum from the time when it was so paid to the state treasurer to the time when it is paid by him to such person; provided, that so much of any monies so paid to the state treasurer as may be necessary to reimburse the home for any sum due for the support of the person by whom, or for whose benefit such money was originally deposited, shall be credited to the home for that purpose. After six years from the date when any such monies were paid to the state treasurer the same or any balance thereof then remaining in his hands shall be transferred to the trustees of said state-operated veterans' home for deposit in its legacy fund or legacy account. Any person, may, however, establish his claim after the expiration of the six years above mentioned and any claim so established shall be paid from the legacy fund or legacy account of the home. Any person claiming a right to money deposited with the state treasurer or with the trustees under this section may establish the same by a petition to the probate court. A justice of said court, after examining the merits of the claim, may direct the treasurer or the trustees to pay such money to the claimant.

M.G.L. c. 115A, § 7 Unclaimed funds of former patients; disposition

c. 115A, § 7. Unclaimed funds of former patients; disposition Section 7. If a patient at a state-operated veterans' home is discharged therefrom or dies therein while obligated to the commonwealth for support furnished him at such home and there is in the custody of the superintendent of such home a bank book representing a deposit account in a bank, as defined in section one of chapter one hundred and sixty-seven, in his name, which is unclaimed during the two-year period following the date of the discharge or death of such patient, the chairman of the board of trustees of a state-operated veterans' home may present said bank book to such bank accompanied by an affidavit stating (1) the name of said former patient, (2) the date of admission of said patient to the home and the date of his discharge therefrom, or his death therein, (3) the amount of money for which the said patient or his estate is obligated to the commonwealth, (4) that said bank book belongs to said patient or his estate, (5) that it has been in the custody of the superintendent and has been unclaimed for more than two years, and demanding payment of all or such portion of the amount represented by said bank book as is not in excess of the amount due to the commonwealth for the support furnished such patient. Thereupon, such bank shall pay the trustees of a state-operated veterans' home the amount so requested in said affidavit and shall endorse such payment upon such bank book, with specific reference to this section and shall return such bank book to such chairman. Upon receipt of such payment the trustees of a state-operated veterans' home shall cause the same to be deposited in its legacy fund or legacy account. Payment to the board of trustees of a state-operated veterans' home, under the provisions of this section, shall discharge the bank of liability to the owner of said property, or any person claiming under him, to the extent of such payments. Any person claiming an interest in property surrendered to the chairman of the board of trustees of a state-operated veterans' home, pursuant to the provisions of this section, and who claims (1) that said property is or was not beneficially owned by said patient, or (2) that said patient is or was not obligated to the commonwealth for support, as set forth in said affidavit, may within seven years following the date upon which such property is surrendered to the trustees, establish such claim by a petition to the probate court which, after determining the merits of the claim, may direct the trustees to pay the whole or any part of the sum claimed to the claimant.

M.G.L. c. 115A, § 8 Lease of lands for construction of chapels

c. 115A, § 8. Lease of lands for construction of chapels Section 8. The state-operated veterans' homes, after a determination and approval of the trustees of the respective home, that it is in the best interest of the patients, may lease, upon such terms and conditions as may be stipulated by said trustees, sufficient land belonging to such home for the purpose of constructing thereon chapels for the use of the patients or members of said home. The lease shall remain in full force and effect so long as a chapel for said patients is maintained thereon and so long as it shall be maintained in a physical condition satisfactory to the superintendent and the trustees of said home. Nothing contained herein shall be construed to deprive any patient, regardless of his religious belief, of an equal opportunity to worship in accordance with said belief, and adequate facilities for such worship shall be made available to all patients by the superintendent.

M.G.L. c. 115A, § 9 Female veterans; domiciliary facilities

c. 115A, § 9. Female veterans; domiciliary facilities Section 9. Domiciliary facilities within the limitation of physical facilities, are hereby authorized for the admission of female veterans at the state-operated veterans' homes. Female veterans seeking admission shall be subject to all requirements, both federal and state, as may presently apply to other veteran applicants and services provided for domiciliary care shall be identical and equal to services provided male veterans.

M.G.L. c. 115A, § 10 Training of residents in medicine, surgery, urology and other specialties and sub-specialties

c. 115A, § 10. Training of residents in medicine, surgery, urology and other specialties and sub-specialties 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.

M.G.L. c. 115A, § 10A Practical nurses; education and training program; default on obligation to complete employment requirement or repay costs; penalties

c. 115A, § 10A. Practical nurses; education and training program; default on obligation to complete employment requirement or repay costs; penalties 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.

M.G.L. c. 115A, § 12 Office of veterans' homes and housing; executive director; employees; powers and duties; annual report

c. 115A, § 12. Office of veterans' homes and housing; executive director; employees; powers and duties; annual report 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.

M.G.L. c. 115A, § 13 Rules and regulations; evaluation of performance of homes

c. 115A, § 13. Rules and regulations; evaluation of performance of homes 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.

M.G.L. c. 115A, § 14 Superintendents and deputy superintendents; duties; appointment of medical director, director of nursing and chief financial officer

c. 115A, § 14. Superintendents and deputy superintendents; duties; appointment of medical director, director of nursing and chief financial officer 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.

M.G.L. c. 115A, § 15 Ombudspersons; retaliation prohibited

c. 115A, § 15. Ombudspersons; retaliation prohibited 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.

M.G.L. c. 115A, § 16 Participation in Medicare and Medicaid programs; adherence to guidelines for trauma-informed care

c. 115A, § 16. Participation in Medicare and Medicaid programs; adherence to guidelines for trauma-informed care 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.

M.G.L. c. 115A, § 17 Annual review of health record systems

c. 115A, § 17. Annual review of health record systems 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.

M.G.L. c. 115A, § 18 Acceptance of donations

c. 115A, § 18. Acceptance of donations 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.

Source: Massachusetts General Court (malegislature.gov)URL: https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXVII/Chapter115AFetched: 10/20/2026