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VETERANS' BENEFITS

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

M.G.L. c. 115, § 1 Definitions

c. 115, § 1. Definitions Section 1. The following words, as used in this chapter, unless the context otherwise requires, shall have the following meaning:— ''Dependent'', the spouse, widowed person, child or parent of a veteran, including any person who stood in the relationship of a parent to such veteran for the 5 years next preceding the commencement of the veteran's wartime service; provided, that no child of a veteran who is older than 18 years of age shall be deemed a dependent, unless the child meets the criteria established for emancipation pursuant to section 28 of chapter 208 or section 9 of chapter 209C or unless the child is mentally or physically unable to support themselves after attaining the age of 23. ''Reside'', to be present within a city or town of the commonwealth, notwithstanding the lack of a present abode, with no present intention of definite and early removal, but not necessarily with the intention of remaining permanently; provided, however, that any such person who enters the commonwealth solely for the purpose of obtaining benefits under this chapter shall not be considered to reside in the commonwealth; and, provided further, that an applicant lacking a present abode shall be required to provide an affidavit stating the applicant's identity, the applicant's last place of residence and the applicant's intention to establish an abode within the city or town in which the applicant applies. ''Institution'', any hospital, sanatorium or wayfarer's lodge, boarding or rest home, or convalescent or nursing home, for the operation of which a license is required by law, any facility conducted by an agency incorporated under chapter one hundred and eighty or any special act as a charitable corporation and any facility operated by municipal, county, state or federal government. ''Secretary'', the secretary of veterans' services. ''Veteran'', any person who (a) is a veteran as defined in clause Forty-third of section 7 of chapter 4; or (b) served on active duty in the armed forces for at least 90 days and whose last discharge or release was under conditions other than dishonorable; or (c) served on active duty, to include active duty solely for training purposes, in the armed forces, and was awarded a service-connected disability or who died in such service under conditions other than dishonorable; or (d) served in the national guard or as a reservist in any branch of the armed forces, including active duty solely for training purposes, and was awarded a service-connected disability or who died in such service under conditions other than dishonorable; or (e) is determined to be a veteran according to the U.S. Department of Veterans Affairs; provided, that in any case, the service of such person qualified under clause (a) through clause (e) was entered into or served in Massachusetts, or such person has resided in the commonwealth for 1 day, except for the purpose of determining the residential eligibility of a deceased veteran's dependents. ''Veterans' agent'' or ''Part-time veterans' agent'', a veteran, appointed under section three to disburse veterans' benefits in any city or town, or, if no such appointment has been made, the mayor of the city or the selectmen of the town disbursing such benefits; in Boston, the veterans' benefits and services commissioner. ''Veterans' benefits'', the benefits provided by this chapter. When used in any statute, ordinance, by-law, rule or regulation, the phrases ''state aid'', ''military aid'', ''soldiers' relief'', ''soldiers' burial'', or any words or phrases connoting the same, shall mean veterans' benefits.

M.G.L. c. 115, § 2 Powers and duties of secretary of veterans' services

c. 115, § 2. Powers and duties of secretary of veterans' services Section 2. The secretary shall be a veteran, and shall assist and advise veterans' agents in the performance of their duties, investigate, so far as the interests of the commonwealth require, all payments of veterans' benefits, prepare papers and expedite the adjudication of claims, assist claimants in proving their cases, keep a record of work done in the secretary's office, and make an annual report. The secretary shall establish the form of application to be used by applicants for veterans' benefits, may require the annexation thereto of official records of the veteran's induction, enlistment, service or discharge, or attested copies of the same, and shall from time to time provide each city and town with blank application forms prepared by the secretary. The secretary shall adopt such regulations as the secretary may deem necessary to insure the proper administration of the provisions of this chapter, and the secretary may issue and promulgate directives for the guidance of all persons concerned with veterans' benefits or with matters before the Veterans' Administration of the United States government. The secretary shall decide all controversies between towns relative to the residence of applicants for veterans' benefits and, subject to the approval of the attorney general, the secretary's decisions shall be final. The secretary shall decide any controversies between any applicant and a veterans' agent or part-time veterans' agent relative to the validity or amount of a claim for such benefits. Any claimant veterans' agent or part-time veterans' agent aggrieved by a decision of the secretary shall have a right to appeal the decision, after due notice, to the division of administrative law appeals established within the executive office of administration and finance pursuant to section four H of chapter seven, hereinafter in this section referred to as ''the division''. Any claimant aggrieved by a decision of a veterans' agent regarding veterans benefits or by the failure of a city or town to render adequate veterans' benefits or to take, approve or deny an application for veterans' benefits within 45 days of receiving such application or the claimant requesting to apply for benefits or any person aggrieved by the termination or reduction of such benefits shall have the right to appeal to the secretary. An appeal shall be filed with the secretary within 90 days of the claimant's receipt of a written adverse notice. An informal administrative hearing of such appeal shall be conducted to review the facts and circumstances giving rise to the appeal. The secretary shall issue a decision on the appeal within 90 days after the informal administrative hearing has closed. Any person aggrieved by a decision of the secretary or by the failure of a city or town to render adequate veterans' benefits or to approve or reject an application for veterans' benefits within forty-five days of receiving such application, or aggrieved by the withdrawal of such benefits, shall also have a right, after due notice, to appeal to the division. A hearing on such appeal held pursuant to this paragraph shall be conducted at a location convenient to the person appealing and shall be conducted as an adjudicatory proceeding under chapter thirty A. The division shall issue its decision within ninety days after the day of the filing of the appeal, except that when an aggrieved person appeals the rejection of the person's application for veterans' benefits or the failure to act on said application or the failure of a city or town to render assistance to meet an emergency or hardship situation, the division shall render and issue its decision within forty-five days after the date of filing of said appeal. Further review of such decision may be had by any party upon application made to the governor and council within ten days after a party's receipt of notice of the decision. Whether or not an application for further review is made to the governor and council, the decision of the division, or the decision of the governor and council, if an application for further review is made, shall be subject to judicial review in accordance with the provisions of chapter thirty A. The time for commencing such an action for judicial review shall run from the receipt of notice of the decision of the division, or, in the event that an application for further review is made to the governor and council, from the receipt of notice of the decision of the governor and council. In such an action for judicial review, the record shall consist of (a) the entire proceedings before the division of administrative law appeals and, if applicable, the governor and council, or (b) such portions thereof as the secretary and the parties may stipulate, or (c) a statement of the case agreed to by the secretary and the parties. Upon the written request of the mayor of a city or the selectmen of a town, the secretary shall forthwith investigate any matter relating to the administration therein of the provisions of this chapter and the expenses of such an investigation shall be certified by the secretary to the state treasurer who shall collect the same as an additional tax upon such city or town. The secretary may, with the consent of the governor, appoint, as occasion may require, one or more disinterested persons who shall investigate any claims against the commonwealth for veterans' benefits, examine any persons to or for whom such benefits have been paid, investigate the reasons for and all matters relating to the granting of such benefits, and shall report their findings to the secretary. The reasonable expenses and compensation of any such disinterested person, if and when approved by the secretary and allowed by the governor and council, shall be paid by the commonwealth. He may authorize the payment by a veterans' agent of such sums as he deems necessary to provide special care in a hospital or at any other place for a veteran of the civil war, his wife or widow. On or before November tenth in the year following any expenditure so authorized, the city or town making the same shall be reimbursed by the commonwealth to the extent of seventy-five per cent of such expenditure. The secretary may, by a written demand signed by the secretary or the secretary's ''duly authorized agent'' which term, for the purposes of this paragraph, shall be deemed to include local veterans' agents appointed pursuant to section three, require the treasurer of a savings bank, institution for savings, national bank, trust company, co-operative bank, benefit association, insurance company, savings and loan association under the supervision of the commissioner of banks, federal savings and loan association, credit union or safe deposit company, to inform the secretary of the amounts at any time deposited with such corporation or association to the credit of a recipient of veterans' benefits under this chapter, or an applicant therefor, or at any time withdrawn from such corporation or association by such recipient or applicant, or the amounts loaned to such recipient or applicant for the purchase of real property under the terms of a mortgage and the present balance due thereon, and, in like manner, may require the employer of any such recipient or applicant, or of any child of such recipient or applicant living in the applicant's household, to inform the secretary of the amount of money at any time paid by such employer to such recipient, applicant or child, and any treasurer or employer who refuses to furnish such information or who wilfully renders false information in reply to such demand shall forfeit fifty dollars to the use of the commonwealth. The secretary shall be the agent and attorney of and for all departments, boards and commissions of the commonwealth, including the department of correction and the institutions under its control, in all matters before the Veterans' Administration of the United States government involving any question of federal compensation or pension to which any veteran or dependent under the care or supervision of such departments, boards and commissions may be entitled, and involving any question of reimbursement of the commonwealth for assistance, care, board or hospitalization of any such veteran or dependent. Each such department, board and commission shall notify the secretary, in writing, of all such veterans or dependents who are inmates of any hospital or other institution under the control of such department, board or commission, or otherwise under the supervision of, or in receipt of direct financial assistance from, such department, board or commission. Such notification shall be on forms to be prepared by the secretary and shall contain such information as the secretary may require to enable the secretary to proceed properly in matters of federal compensation or pension for such veterans or dependents, and in matters of reimbursement of the commonwealth for assistance, care, board or hospitalization of such veterans or dependents. The secretary shall investigate the probabilities of securing such compensation or pension for any such veteran or dependent, and, in furtherance of such investigation, the secretary may require the services of the veterans' agents of the various cities and towns and of the directors of veterans' services of the various cities, towns and districts, and shall prosecute claims for such compensation or pension in behalf of any such veteran or dependent from whom the secretary may secure a power of attorney, in accordance with the regulations of the Veterans' Administration of the United States government. The secretary may co-operate with any responsible veterans' service agency in the prosecution of such claims in behalf of any such veteran or dependent from whom such agency has secured such power of attorney, and the secretary shall prosecute claims for reimbursement of the commonwealth for assistance, care, board or hospitalization of any such veteran or dependent in cases wherein the federal government is responsible for such reimbursement. The secretary may, by written notice, order a city or town to pay veterans' benefits to an applicant on an application approved by the secretary. If a city or town refuses or does not make such payment within fourteen days from receipt of such notice the secretary shall notify the state treasurer of such refusal or failure and thereafter such benefits shall be paid to the applicant by the commonwealth. If the commonwealth shall be called upon to pay any such benefits on behalf of any such city or town, the total of any such benefits paid in any such calendar year shall be assessed upon such city or town, or deducted from funds that may be due such city or town from the commonwealth. The secretary shall appoint an advisory committee on women veterans to investigate, foster and promote the interests of women veterans as defined in section seven of chapter four. The committee shall consist of at least eleven members, one of whom shall be the secretary or a designee, one of whom shall be a person appointed by the governor as an advisor on women's issues, one of whom shall be the chair of the Massachusetts commission against discrimination, or a designee, three of whom shall be members of veterans organizations as provided in section eight E of chapter twelve to be appointed by the governor, one of whom shall be a veterans agent to be appointed by the governor, and four of whom shall be women veterans appointed by the secretary, no fewer than two of whom shall be participants in the Vietnam Veterans Outreach Program of the United States Veterans Administration. Any member shall be eligible for reappointment and shall serve without compensation. The terms of appointment shall be coterminous with the governor. The advisory committee may issue annual reports on their activities. The secretary shall create and maintain a list of firms and organizations willing to provide pro bono legal representation to veterans in the commonwealth. Such information shall be updated annually and shall be distributed to veteran's agents and available online. The secretary shall provide, subject to appropriation, a medical assistance benefit in addition to the other benefits provided in this chapter. A recipient of the medical assistance benefit shall, where applicable, make use of private, state or federally-funded resources before seeking aid under this paragraph. The medical assistance benefit shall include, but not be limited to, covering the cost of necessary medical visits, procedures, prescriptions and other such treatments as the secretary shall determine through regulations. The secretary shall, by regulation or otherwise, make provision to keep the program efficient and economical. The secretary shall provide, subject to appropriation, a behavioral health assistance benefit in addition to the other benefits provided in this chapter. A recipient of the behavioral health assistance benefit shall, where applicable, make use of private, state or federally-funded resources before seeking aid under this paragraph. The behavioral health assistance benefit shall include, but not be limited to, coverage for the cost of those necessary outpatient behavioral health assessments, evaluations, visits, prescriptions and other such treatment as the secretary shall determine through regulations. The secretary shall, by regulation or otherwise, make provision to keep the program efficient and economical. The secretary shall provide, subject to appropriation, a dental assistance benefit in addition to the other benefits provided in this chapter. A recipient of the dental assistance benefit shall, where applicable, make use of private, state or federally-funded resources before seeking aid under this paragraph. The dental assistance benefit shall include, but not be limited to, coverage for the cost of those necessary medical visits, procedures, prescriptions and other such treatments as the secretary shall determine through regulations. The secretary shall, by regulation or otherwise, make provision to keep the program efficient and economical. Annually, not later than November 1, the secretary shall report on the activities of the office and data collected related to veterans, including, but not limited to: (i) the number of recipients of state veteran benefits and applicants for benefits, delineated by municipality and demographic; (ii) a breakdown on the outcome of benefit appeal decisions pursuant to this section; (iii) a summary of the office's outreach to veterans on the availability of and process for applying for benefits; (iv) demographic and regional information available on the veteran population in the commonwealth; (v) directives in effect; and (vi) any legislative recommendations necessary to better serve veterans and their families in the commonwealth. The office shall publicly post the report on the office's website and submit the report to the joint committee on veterans and federal affairs, the clerks of the senate and house of representatives and the senate and house committees on ways and means.

M.G.L. c. 115, § 2A Enforcement of decisions relative to benefits

c. 115, § 2A. Enforcement of decisions relative to benefits Section 2A. If the secretary decides a controversy between an applicant and a veterans' agent relative to the validity or amount of a claim for veterans' benefits, as provided in section two, in favor of the applicant, the said veterans' agent shall, forthwith, make payment to the applicant in accordance with said decision notwithstanding any appeal therefrom by the veterans' agent. If the governor and council sustain the appeal of said veterans' agent as to the validity of such claim, payment to the applicant shall thereupon cease and all amounts paid to the applicant shall be reimbursed by the commonwealth in the manner provided in section six. If the governor and council sustain the appeal of said veterans' agent as to the amount of such claim, payment to the applicant of any amount in excess of the amount approved by the governor and council shall thereupon cease and all amounts paid to the applicant in excess of the amount so approved shall be reimbursed by the commonwealth in the manner provided by said section six. The decision of the secretary, in accordance with the provisions of said section two, may be enforced by the superior court on a petition in equity.

M.G.L. c. 115, § 2B Veterans employment opportunities commission

c. 115, § 2B. Veterans employment opportunities commission Section 2B. There shall be a commission on veterans employment opportunities that shall investigate whether veterans are subjected to employment discrimination on the basis of their status as veterans. The commission shall report its findings and recommendation annually on March 1 to the secretary of veterans affairs. The commission shall consist of 5 persons as follows: the secretary of veterans affairs or a designee, the secretary of economic development or a designee, a member appointed by the speaker of the house of representatives, a member appointed by the president of the senate and a veteran appointed by the Governor.

M.G.L. c. 115, § 2C Program to enhance employment opportunities and outcomes among veterans

c. 115, § 2C. Program to enhance employment opportunities and outcomes among veterans Section 2C. The secretary shall develop a comprehensive program to enhance employment opportunities and outcomes among veterans by assisting businesses to attract, hire, train and retain veterans. The program shall promote strategies for connecting employers to qualified veterans and shall include: (i) a workforce assessment and training program for participating employers; and (ii) a certification and assessment process for participating employers to set measurable goals for hiring, training and retaining veterans. The secretary shall engage with interested stakeholders and organizations that provide services to veterans in the development of the program.

M.G.L. c. 115, § 2D Civilian licensure and certification opportunities available to members of the armed forces and veterans

c. 115, § 2D. Civilian licensure and certification opportunities available to members of the armed forces and veterans Section 2D. (a)(1) To the extent practicable, the commissioner shall make information on civilian licensure and certification opportunities available to members of the armed forces of the United States, members of the armed forces of the commonwealth and veterans. The information shall be made available in a format that allows the member or veteran to evaluate the suitability of member's or veteran's military training and skills to the corresponding requirements of civilian licenses and certifications available in the commonwealth and shall include, but not be limited to, information on: (i) the civilian occupational equivalents of military or other occupational specialties based on the corresponding branch of the military; (ii) civilian license or certification requirements, including examination requirements; (iii) the availability and opportunities for use of educational benefits; (iv) corresponding training; and (v) continuing education opportunities that provide a pathway to licensure or certification. (2) The information required under this section shall be made available by the commissioner to members of the armed forces of the United States, members of the armed forces of the commonwealth and veterans in a manner consistent with the Transition Goals Plans Success program administered under the Transition Assistance Program pursuant to 10 U.S.C. 1144. (b) The commissioner shall, for purposes of providing educational assistance for licensure and certification to members of the armed forces of the United States, members of the armed forces of the commonwealth and veterans, and in compliance with national security and state and federal privacy requirements, compile information related to military training and skills, including, but not limited to: (i) course training curricula and syllabi; (ii) levels of military advancement; (iii) professional skill development; and (iv) specific civilian occupational equivalents of military or other occupational specialties. To implement this section, the commissioner shall make such information available to the division of occupational licensure, the executive office of public safety and security, the department of public health, the executive office of labor and workforce development, the registry of motor vehicles and any other agency approved by the commissioner. The commissioner shall make the information publicly available on the department's website.

M.G.L. c. 115, § 2E Veterans' benefits and services notice; creation and distribution; contents; applicability

c. 115, § 2E. Veterans' benefits and services notice; creation and distribution; contents; applicability Section 2E. (a) The secretary, in consultation with the secretary of labor and workforce development, shall create and distribute a veterans' benefits and services notice. (b) The veterans' benefits and services notice shall include information regarding the services and resources available to veterans, including, but not limited to: (i) contact and website information for the executive office of veterans' services and the United States Department of Veterans Affairs; (ii) substance abuse and mental health treatment resources; (iii) educational, workforce and training resources; (iv) tax benefits resources; (v) information about obtaining a veteran indicator on a state driver's license or identification card; (vi) information about eligibility for unemployment insurance benefits under state and federal law; (vii) legal services resources; and (viii) contact information for the United States Department of Veterans Affairs Veterans Crisis Line. (c) Every employer in the commonwealth with more than 50 full-time employees shall post the notice created pursuant to subsection (a) in a conspicuous location in the workplace accessible to employees and shall distribute the notice to each employee at the start of employment and on an annual basis.

M.G.L. c. 115, § 3 Appointment of veterans' agents; powers and duties

c. 115, § 3. Appointment of veterans' agents; powers and duties Section 3. The mayor of each city, except Boston, shall and the board of selectmen of each town may appoint a veterans' agent who shall serve for a term of up to 3 years and shall be eligible for reappointment. The veterans' agent may act for the mayor or the board of selectmen in the disbursement of veterans' benefits by the city or town; provided, however, that in each town that has a part-time veterans' agent, the town clerk shall receive applications and assist applicants for veterans' benefits and shall submit the applications to the veterans' agent. Two or more contiguous towns may, by vote of the selectmen, appoint one person to serve as veterans' agent for such towns and may apportion the payment of compensation among such towns. Every veterans' agent shall, from time after the original allowance of any claim for veterans' benefits, make such investigations of the necessities and qualifications of the claimant as to prevent the payment of any such benefits contrary to any provision of this chapter. Every such agent shall, within three days after receipt of an application from or on behalf of a veteran, a veteran's spouse or widowed person, for special care, notify the secretary thereof upon blank forms approved by the secretary; upon the agent's refusal or unreasonable neglect to give such notice, such agent shall be punished by a fine of twenty-five dollars. Upon the request of any veteran, the veterans' agent for the city or town in which the veteran resides shall record the veteran's discharge or release papers, without charge, in books kept by the agent for that purpose. Said agent shall keep an index of papers so recorded, and copies thereof, if attested by the agent, shall be admissible in evidence to the same extent and with the same effect as the originals.

M.G.L. c. 115, § 3A Use of photostatic copies of discharge papers of veterans

c. 115, § 3A. Use of photostatic copies of discharge papers of veterans Section 3A. Whenever a veteran shall be required by general or special law to file or exhibit a certificate of discharge from the armed forces of the United States, the filing or exhibition of a photostatic copy of such discharge shall be deemed sufficient to comply with the requirements of such law.

M.G.L. c. 115, § 3B Veterans' benefits and services officers; certification and training; reduction in reimbursement allowance

c. 115, § 3B. Veterans' benefits and services officers; certification and training; reduction in reimbursement allowance Section 3B. (a) The secretary of veterans' services shall establish standards and promulgate regulations for the mandatory training and certification of veterans' benefits and services officers. Veterans' benefits and services officers shall be trained and certified within 6 months of the officer's appointment pursuant to section 3. Training shall be offered annually and shall be administered by the secretary of veterans' services and approved by the Massachusetts Veterans' Service Officers Association and Massachusetts Municipal Association. The secretary shall formulate a certification test in conjunction with the Massachusetts Veterans' Service Officers Association, which shall ensure the candidate possesses the core knowledge to effectively serve veterans. The secretary shall make the test available at the mandatory annual training and shall provide a reasonable schedule of make-up training and testing. The certification test shall assess areas of knowledge including, but not limited to, the following: veterans' benefits contained in this chapter; federal and local benefits, including employment, education, health care, 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. At the request of any appointing authority, the secretary shall offer training and testing to any person who works for, or in conjunction with, a certified veterans' services officer or agent. Upon petition to the secretary by the appointing authority, a person appointed as a veterans' benefits and services officer may be exempted by the secretary from the requirements of this section. (b) A person who receives an appointment as a veterans' benefits and services officer or who is currently employed as a veterans' benefits and services officer under section 3 shall be certified. To be certified as a veterans' benefits and services officer, the candidate shall, at a minimum, meet the following qualifications: (i) be appointed locally under section 3; (ii) attend a mandatory training within 6 months of appointment, administered by the secretary of veterans' services; (iii) attend a mandatory training once every calendar year; and (iv) take and pass the test offered at each administered training once every 3 years. The secretary of veterans' services shall consider candidates who complete the requirements of this section a certified veterans' benefits and services officer. As used in this section, ''veterans' benefits and services officer'' shall include: (A) full-time and part-time veterans' agents under this chapter, chapter 471 of the acts of 1972, chapter 68 of the acts of 1984 and 108 CMR; (B) full-time directors of veterans' services districts under this chapter, said chapter 471, said chapter 68 and said 108 CMR; (C) county veterans' agents under chapter 128 of the acts of 1982; and (D) the veterans' benefits and services commissioner in and for the city of Boston under this chapter. (c) During the period of employment, a person holding a veterans' benefits and services officer certificate under this section shall be under the direct supervision of the appointing authority in section 3. The appointing authority shall regularly evaluate the performance of assigned duties by the veterans' benefits and services officer. (d) Failure of a veterans' benefits and services officer to comply with this chapter shall result in reduction of the reimbursement allowance, paid by the commonwealth under section 6, from 75 per cent to 50 per cent. The reduction shall remain in effect: (i) for a time period designated by the secretary; (ii) until the appointing authority is in full compliance; (iii) until a plan is agreed upon by the appointing authority and the secretary to be in full compliance by a date agreed to by the secretary and the appointing authority; or (iv) by removal of the veterans' benefits and services officer. (e) The department shall, for any reduction in the reimbursement allowance made under subsection (d), deposit the reimbursement in a trust account. Upon the appointing authority's full compliance under subsection (d), the department shall add this amount to a subsequent reimbursement made to the city or town under section 6. (f) Veterans' benefits and services officers or agents shall not disclose any information transmitted in confidence by and between a veteran and a veterans' benefits and services officer or agent, except as follows: (i) when the disclosure is made for the benefit of the veteran; (ii) the disclosure is reasonably necessary to assist the veteran; or (iii) under a lawful order to make such disclosure. For the purposes of this subsection, information received by a veterans' benefits and services officer or agent which arises out of and in the course of providing assistance shall include, but not be limited to, communications, reports, records, working papers or memoranda.

M.G.L. c. 115, § 4 Applications for veterans' benefits

c. 115, § 4. Applications for veterans' benefits Section 4. Every application for veterans' benefits shall be in writing, signed by the applicant under the penalties of perjury, and shall contain a statement of the name, age and residence of the applicant and the applicant's relationship to the veteran upon whose wartime service the applicant's application is based, such information as the secretary may require relative to the commencement, duration, extent and termination of such veteran's wartime service, and such other representations, concerning the needs of the applicant and the applicant's reasons for applying for such benefits, as the secretary may require. Every such application shall be filed with the veterans' agent for the city or town from which such benefits are sought, and such agent shall forthwith transmit the same to the secretary. Veterans agents shall complete applications authorized by the department of public welfare for any veteran, widowed person and dependent applying for veterans benefits or for medical assistance under chapter one hundred and eighteen E if agreed to by an applicant. The veterans agent shall file the application for the veteran if the veteran selects assistance under said chapter one hundred and eighteen E. The application shall be processed through the said department. Said applicant shall be duly advised of the applicant's entitlement to veterans benefits or benefits from public assistance.

M.G.L. c. 115, § 5 Payment of veterans' benefits by city or town; assignment of benefits; dishonorable discharge, etc.

c. 115, § 5. Payment of veterans' benefits by city or town; assignment of benefits; dishonorable discharge, etc. Section 5. Veterans' benefits shall be paid to a veteran or dependent by the city or town wherein the veteran resides; provided, that no benefits shall be paid to a veteran unless he has actually resided within the commonwealth for 1 day preceding the date of their application for such benefits, nor to any dependent of a veteran except upon like terms. If the veteran is deceased at the time of the dependent's application for benefits, and the veteran died while a resident of the commonwealth, the secretary may, notwithstanding the foregoing proviso, authorize such benefits to such dependent actually residing in the commonwealth at the time of the veteran's death; provided, however, any veteran who actually resided in the commonwealth at the time of their entry into or continuance in active military or naval service of the United States and the dependents of such veteran shall be eligible for benefits without any waiting period. Veterans' benefits shall not be subject to trustee process, and no assignment thereof shall be valid. Only such amount shall be paid to or for any veteran or dependent as may be necessary to afford them sufficient relief or support and such benefits shall not be paid to any person who is able to support themselves or who is in receipt of income from any source sufficient for their support. The applicant's receipt of income from any source in an amount insufficient for their support shall not bar the applicant from receiving veterans' benefits to supplement the same, if determined necessary by the secretary. No payment of benefits shall be made for any period of time prior to the date of application; provided, however, that the secretary, on recommendation of the veterans' agent of the city or town paying the benefits, may authorize the payment of benefits for not more than sixty days prior to the date of the application if the necessity therefor has been caused by serious accident or illness to the applicant or to one or more dependents of the veteran upon whose service the application is made. A city or town may, upon recommendation of the veterans' agent and with written authorization from the veteran or dependent, disburse veterans' benefits under this section by direct deposit to a financial institution of the veteran or dependent's choice or by mail. No veterans' benefits shall be paid to or for any veteran who has been dishonorably discharged from any national veterans' or sailors' home or from a state-operated veterans' home in this commonwealth, or to or for the veteran's dependents, unless the secretary shall otherwise determine; nor to or for any applicant convicted of a crime, if the veterans' agent and the secretary shall so rule; and, unless the secretary, at the secretary's discretion, shall otherwise determine, no veterans' benefits shall be paid to or for any veteran who neglects to support the veteran's dependents nor to or for any dependents of such veteran, nor to or for any veteran or applicant if the necessity therefor is caused by their voluntary idleness or continuous vicious habits nor to or for any dependents of such veteran or applicant; but dependents of a deceased veteran shall not be deemed ineligible to receive such benefits by reason of any negligence of such veteran, when alive, to support them. No veteran who is or shall otherwise be entitled to veterans' benefits shall lose the veteran's right thereto by reason of the veteran's absence from the commonwealth while receiving hospital treatment, under orders of the United States Veterans' Administration, at any hospital located outside the commonwealth, nor shall the right of the veteran's dependents thereto be lost while the veteran is actually receiving such hospital treatment by reason of their absence from the commonwealth to accompany the veteran. No veteran or dependent shall be compelled to receive veterans' benefits without their consent. They shall receive such benefits at home, or at such other place as the veterans' agent may deem proper, but they shall not be compelled to receive the same at an infirmary or public institution unless their physical or mental condition so requires, or, if a minor, unless their parents or guardians so elect. The veterans' agent or the secretary may require a person to whom veterans' benefits are granted to pay over their United States pension or compensation to them to be expended for their relief before receiving such benefits. In the event that the necessity for the granting of veterans' benefits to any veteran or any dependent of a veteran is caused by unemployment, accident or illness of or to such veteran or dependent and monetary remuneration is provided therefor whether by workers' compensation, accident or health insurance, or otherwise, or by legal responsibility of a tortfeasor liable for financial damages to such veteran or dependent therefor, the veterans' agent or the secretary may require such veteran or dependent to assign to them the whole or any portion of the financial proceeds to be realized from such workers' compensation, accident or health insurance, or otherwise, or the whole or any portion of the financial damages to be recovered from such tortfeasor whether by settlement, arbitration, court action, or otherwise. Such assignment shall operate as a lien on such financial proceeds or financial damages to an amount equivalent to the total expenditures of veterans' benefits allowed to such veteran or dependent, and said lien may be enforced by petition to the district court within the jurisdiction of which the city or town of payment is located. Nothing in this chapter shall be deemed to prohibit the granting of veterans' benefits by a city or town in excess of the amount authorized or approved by the secretary in any particular case, or the paying of such benefits as may be necessary to meet the emergency needs of any applicant prior to the date of the approval by the secretary of the payment of benefits under any such application if the veterans' agent making such grant or payment forthwith furnishes the secretary with a written statement of the veterans' agent's reasons for taking such action. All benefits available to dependents of veterans as provided by this chapter shall be extended to the parent of any member of the armed forces of the United States whose death occurred as the result of injury sustained or disease contracted during active service in time of war or insurrection, including active service in the said armed forces under the flag of the United Nations; provided, that such a parent qualifies in the parent's own right as to the requirements of residence notwithstanding the failure of the deceased veteran to so qualify at the time of the veteran's death and notwithstanding lack of proof of the actual dependency of such a parent upon such a veteran at the time of the veteran's death. Such benefits shall include payment of reasonable medical and hospital expenses in accordance with regulations adopted by the secretary and directives issued and promulgated by the secretary; provided, that no back benefits shall be paid beyond the date of application. Effective July first of every year, subject to appropriation, cities and towns shall increase the basic budget of each eligible recipient, before taking into consideration any available income and resources, by a percentage amount equal to the percentage rise in the United States Consumer Price Index for January first of that year over the level of said index for January first of the previous year plus such additional percentage amount as is recommended annually by the secretary and appropriated by the general court. An increase in income from a cost-of-living adjustment made to social security, supplemental security income or social security disability insurance shall not serve to render any recipient ineligible for benefits under this chapter in the year that the cost-of-living adjustment was issued. The benefits provided herein shall include an amount for fuel in the winter months for eligible veterans and dependents if they pay their own heating costs.

M.G.L. c. 115, § 5A Lien upon real estate of certain recipients of veterans' benefits

c. 115, § 5A. Lien upon real estate of certain recipients of veterans' benefits Section 5A. In every case where the applicant for or a recipient of benefits under this chapter is a dependent parent, as defined in section one, with an interest in one or more parcels of real estate and the fair market value of such interest is more than fifteen hundred dollars, an instrument signed and acknowledged by the veterans' agent of the town granting such benefits and giving notice of a lien upon each such parcel for all benefits granted and to be granted under this chapter by such town to such parent, who shall be named therein, shall, not earlier than three days, Saturdays, Sundays and legal holidays excluded, after a like instrument has been sent by certified mail to such parent, be recorded in the records of the county, or of the district, if such county is divided into districts, where each parcel lies, without the payment of any fee for such recording. Every such instrument shall contain a description sufficient to identify each parcel of real estate subject to the lien, and upon recording shall create a lien upon so much of such parent's interest as has a fair market value in excess of fifteen hundred dollars, which lien shall be superior to any deed, mortgage, lien or other encumbrance thereafter recorded. Whenever such lien is satisfied or is ordered discharged as hereinafter provided, an instrument signed and acknowledged by such veterans' agent and reciting such fact shall be given; and upon the recording of such instrument, such lien shall be dissolved. Such lien shall be enforceable in the superior court for the county where any parcel of the real estate lies by a petition in equity brought by the veterans' agent against all persons appearing of record to be interested in the real estate subject to such lien, whether as equity owners, mortgagees, lienors, attaching creditors or otherwise. Such petition shall allege the amount claimed under such lien and incorporate a certified copy of the recorded instrument creating such lien. At any time before final decree, the court, of its own motion or upon the suggestion of any party, may issue a precept to any other person appearing to have an interest, directing the person to appear on or before a specified day or be forever barred from redeeming from such lien. Proceeds realized through any such enforcement shall be apportioned between the commonwealth and the town granting the benefits in proportion to the amount of their respective contributions thereto, but in no case for more than the amount contributed, without interest. No lien under this section shall be enforceable until after the death of both parents, and then only when written permission has been obtained from the secretary, who, in within the secretary's discretion, may, if undue hardship might be caused by enforcement, waive enforcement in whole or in part, and order a discharge to the extent waived. If the veterans' agent neglects or refuses promptly to refer the enforcement of a lien under this section to the secretary for the secretary's approval, or to bring a petition within the period specified by the secretary, the secretary shall thereupon bring a petition; and in such event, all proceeds shall be retained by the commonwealth. A veterans' agent, subject to the prior approval of the secretary, may by an agreement in writing, consent to subordinate any such lien to a mortgage, if in the opinion of the secretary such mortgage is required for necessary repairs to the real estate subject to such lien. Such lien shall be dissolved and be unenforceable upon the expiration of twenty years from the date of the recording in the register of deeds of the county wherein said real estate lies. Any conveyance of real estate by a parent within two years before an application for veterans' benefits, unless for fair market value, shall be deemed to be in avoidance of the provisions of this section and shall make such parent ineligible to receive veterans' benefits. The provisions of this section shall not be applicable if the applicant for or the recipient of veterans' benefits is the dependent parent of a person who while in the armed forces of the United States during wartime was killed in action or died from service connected disability incurred in wartime service.

M.G.L. c. 115, § 6 Reimbursement of cities and towns for veterans' benefits

c. 115, § 6. Reimbursement of cities and towns for veterans' benefits Section 6. The amounts expended by any city or town for veterans' benefits, the names of recipients thereof, the amounts paid to or for each applicant, the reasons for granting such benefits, the names of the veterans on account of whose services the benefits were granted, the names, if any, of the companies, regiments, stations, organizations or vessels in which they respectively enlisted, or to which they were appointed, and in which they last served, and the relationship of each dependent to the veteran on account of whose service the benefits were granted, and such other details as the secretary may require, shall, within thirty days following the month in which such expenditures were made, be certified to said secretary on blank forms provided by the secretary, in a manner approved by the secretary, and under the penalties of perjury, by the veterans' agent and treasurer of such city or town. The secretary shall examine such certificates, shall allow and endorse thereon such amounts as the secretary finds have been paid and reported in accordance with the provisions of this chapter, and shall transmit the certificates to the comptroller. The secretary may decide upon the necessity of the amount paid in each case, and may allow any part thereof which the secretary deems proper and lawful. Subject to such decision and allowance, seventy-five per cent of the amounts of veterans' benefits paid to applicants by the cities and towns wherein they reside, but none of the expenses attending the payment of such benefits, shall be paid by the commonwealth to the several cities and towns on or before November tenth in the year after such expenditures. The commonwealth shall make payments to cities and towns equal to 100 per cent of the amount of benefits paid by cities and towns to or on behalf of recipients living in permanent housing located on real property owned by the federal government or living in institutions or transitional housing, as defined in 108 CMR 2.02, if such housing is located on real property owned by the federal government; provided, however, that such payments shall be made to the city or town in which the recipient resides only for 48 months of residence; provided further, that such payments shall not be made for a recipient who has resided elsewhere in the city or town for the 6 consecutive months immediately preceding the recipient's move into such housing.

M.G.L. c. 115, § 6B Annuities for blind veterans, paraplegic veterans or veterans with disabilities

c. 115, § 6B. Annuities for blind veterans, paraplegic veterans or veterans with disabilities Section 6B. In addition to any other aid to which a veteran is entitled, a veteran who, according to the records of the Veterans' Administration of the United States government, has suffered permanent impairment of vision of both eyes of the following status: central visual acuity of 5/200 or less in the better eye, with corrective glasses, or central visual acuity of more than 5/200 if there is a field defect in which the peripheral field has contracted to such an extent that the widest diameter of visual field subtends an angular distance no greater than twenty degrees in the better eye, a veteran who is suffering from paraplegia and has permanent paralysis of both legs and lower parts of the body, resulting from traumatic injury to the spinal cord or brain, sustained through enemy action, or accident while in such military or naval service, and a veteran who has permanent paralysis of both legs and lower parts of the body, resulting from malaria, anemia, other forms of disease, tumors or poisoning which may produce signs and symptoms similar to those resulting from traumatic paraplegia and certified by said Veterans' Administration to be service-connected shall be paid so long as such blindness or permanent paralysis exists, $2,500 annually in 1 payment on August 1. Such payments shall be due and payable from the date of the veteran's application. This section shall not include paraplegia resulting from locomotor ataxia and other forms of syphilis of the central nervous system, or chronic alcoholism. A veteran who has lost both legs or is otherwise determined to be 100 per cent disabled by the Veterans Administration as a result of enemy action or an accident certified by said Veterans' Administration to be service connected shall be paid $2,500 annually in 1 payment on August 1. Such payments shall be due and payable from the date of the veteran's application. [ Third paragraph effective until July 1, 2025. For text effective July 1, 2025, see below.] The parents and surviving spouse, provided that surviving spouse does not remarry, of a deceased member of the armed forces of the United States, whose death occurred as a result of injury sustained or disease contracted during active service in time of war or insurrection or combat, shall be paid $2,500 annually in 1 payment on August 1. Such payments shall be due and payable from the date of the parents' and surviving spouse's application; provided, however, that the first payment shall be retroactive to the applicant's initial date of eligibility if the deceased member or the parent or spouse making application was a resident of the commonwealth at the time of death and the parent or spouse making application is a resident of the commonwealth at the time of application. For the purposes of calculating any retroactive payment of benefits under this section, the initial date of eligibility shall be the later of: (i) the date of death of the member of the armed forces of the United States; or (ii) July 1, 1998, in the case of parents and November 11, 2005, in the case of a spouse. [ Third paragraph as amended by 2025, 9, Sec. 44 effective July 1, 2025. See 2025, 9, Sec. 138. For text effective until July 1, 2025, see above.] The parents and surviving spouse of a deceased member of the armed forces of the United States, whose death occurred as a result of injury sustained or disease contracted during active service in time of war or insurrection or combat, shall be paid $2,500 annually in 1 payment on August 1. Such payments shall be due and payable from the date of the parents' and surviving spouse's application; provided, however, that the first payment shall be retroactive to the applicant's initial date of eligibility if the deceased member or the parent or spouse making application was a resident of the commonwealth at the time of death and the parent or spouse making application is a resident of the commonwealth at the time of application. For the purposes of calculating any retroactive payment of benefits under this section, the initial date of eligibility shall be the later of: (i) the date of death of the member of the armed forces of the United States; or (ii) July 1, 1998, in the case of parents and November 11, 2005, in the case of a spouse. Notwithstanding any general or special law to the contrary, an annuity payment made to a recipient pursuant to this section shall not constitute income in an application or formula utilized by the commonwealth or a political subdivision to determine eligibility for a program or service funded or provided by the commonwealth. Notwithstanding the forgoing, such an annuity payment may constitute income if not doing so would, under federal law, prohibit eligibility or otherwise negatively impact the recipient's benefits under the program or service; provided, however, that the commonwealth or a political subdivision thereof shall seek a waiver from any federal law with such an eligibility requirement.

M.G.L. c. 115, § 6C Annuities to certain veterans; proof of service and disability

c. 115, § 6C. Annuities to certain veterans; proof of service and disability Section 6C. Evidence of the service and disability mentioned in sections six A and six B shall be furnished to the secretary of veterans' services who shall examine the same and upon being satisfied that the service was performed and the veteran has been rendered blind or permanently paralyzed, as defined in section six B shall so certify to the comptroller, whereupon said annuity shall be paid by the commonwealth, subject to appropriation, from the veterans' services fund.

M.G.L. c. 115, § 7 Veterans' burial agent; appointment; powers and duties

c. 115, § 7. Veterans' burial agent; appointment; powers and duties Section 7. In each city, except Boston, and in each town, the veterans' agent shall be the burial agent; and in Boston, the soldiers' relief commission shall designate a burial agent who shall be a veteran. The burial agent shall, under regulations established by the secretary, cause properly to be interred the body of any veteran or adult dependent who dies without sufficient means to defray funeral expenses, and the body of any dependent child of a veteran if such veteran and the veteran's spouse, or widowed person, be without sufficient means to defray funeral expenses. If interment of any such body has taken place without the knowledge of the burial agent, application may be made to the burial agent within 60 days after the date of death, or after final interment, if the veteran dies in the service, and if upon investigation the burial agent shall find that the deceased was within the provisions of this section and the rules of the secretary, the burial agent may certify the same as provided in section eight. The provisions of this section shall not apply to any person who at the time of entering the federal service was a subject or citizen of a neutral country, who had filed the person's intention to become a citizen of the United States and who afterward withdrew such intention under the act of congress approved July ninth, nineteen hundred and eighteen, nor to any person designated upon the person's discharge as a conscientious objector. The provisions of this section shall also apply to any person who served as a state guardsman in the military service of the commonwealth between April fifth, nineteen hundred and seventeen, and December twenty-first, nineteen hundred and nineteen, or served in the state guard established during World War II, and was honorably discharged from such service and dies without sufficient means to defray funeral expenses, but shall not apply to any adult dependent or dependent child of such person.

M.G.L. c. 115, § 8 Payment and reimbursement of burial expenses; certificate

c. 115, § 8. Payment and reimbursement of burial expenses; certificate Section 8. If a deceased person's estate has insufficient resources to pay for the cost of the funeral and burial of a deceased person covered by this chapter, the burial agent under section 7 shall expend not more than $4,000 for the funeral and burial; provided, however, that the cost of the funeral and burial shall be not more than $5,000. Any resources of such person shall be deducted from the maximum cost of the funeral and burial allowance hereunder and the difference, subject to the limitation set forth in this paragraph, shall be paid by the burial agent. No city or town shall be reimbursed under this section for any amount so expended for a single burial if the total expense of such burial, exclusive of the purchase price of the grave, the cost of the grave opening and the cost of a cement vault liner if one is required by the cemetery regulations, by whomsoever incurred, exceeded $500 for a child under the age of seven or $900 for any other person. The burial shall not be made in a cemetery or burial ground used exclusively for the burial of persons under the provisions of chapter 117 or in any part of a cemetery or burial ground so used. Relatives of the deceased who are unable to bear the expense of burial may be allowed to conduct the funeral. The full amount so expended, the name of the deceased and, if the deceased was a veteran, the regiment, company, station, organization or vessel in which such veteran served, the date of death, place of interment and, if the deceased was a spouse or widowed person, the name of such veteran's spouse and date of marriage and, if the deceased was a dependent child, the name of the veteran and such other details as the secretary may require, shall be certified on oath to said secretary in such manner as said secretary may approve, by the burial agent and the treasurer of the city or town expending the amount, within three months after the burial. The secretary shall endorse upon the certificate the allowance of such amounts as have been paid and reported according to the foregoing provisions and shall transmit the certificate to the comptroller. Seventy-five per cent of the amounts so paid and allowed for burial expenses of veterans or dependents by the cities and towns wherein they reside shall be paid by the commonwealth to the several cities and towns on or before November 10 in the year after the expenditures have been made. Notwithstanding the requirements as to residence as set forth in section 5, the secretary may authorize the burial agent of a city or town to arrange for the proper interment of the body of an indigent veteran who dies within the commonwealth. The definitions contained in section 1 of chapter 114 shall be applicable to this section and section 9.

M.G.L. c. 115, § 9 Care of graves of veterans

c. 115, § 9. Care of graves of veterans Section 9. The mayor of every city and the select board of every town shall appoint a resident of such city or town who shall be a veteran as a veterans' graves officer for a term to be determined by the appointing authority; provided, however, that said term shall not exceed five years; provided further, that if no qualified, willing and able veteran seeks such appointment, a spouse of a veteran or a member of a Gold Star family may be appointed as a veterans' graves officer. It shall be the duty of such veterans' graves officer to cause every veteran's grave within such city or town to be suitably kept and cared for. Such care shall include the clearing of weeds and other unseemly growth from said graves; the repairing, replacement and general up-keep of fences around said graves; the raising and repairing of sunken grave stones and markers and other similar services that may be necessary to restore and maintain such graves and their surroundings in an orderly condition. If the cost of such care and maintenance is not paid by private persons, or by the trustees of the cemeteries where any such grave is situated, it shall be paid by the city or town; and cities and towns may appropriate money therefor. Money so appropriated may be expended directly by the city or town or paid over to the trustees or manager of any cemetery where any such grave is situated; but the sum so paid over in any year shall not exceed for each grave the sum charged for the annual care and maintenance of like lots in the same cemetery, or, if no such charge is made in that cemetery, it shall not exceed the sum charged in other cemeteries in the same city or town for like services. In cities and towns where there are cemeteries containing the remains of deceased veterans, such cities and towns shall cause to be placed on such veterans' graves a flag of the United States on every Memorial day. Upon the approval of the secretary, compensation for 75 per cent of the cost of such flags, but none of the expenses attending the placement of such flags shall be paid by the commonwealth to the several cities and towns on or before November 10 in the year after such expenditures. In cities and towns where there are cemeteries with mausoleums containing the remains of deceased veterans, each such city or town shall cause to be placed on each mausoleum a suitable plaque with the names of all deceased veterans contained therein, and a flag of the United States shall be suitably placed at each mausoleum on every Memorial day.

M.G.L. c. 115, § 9A Massachusetts Veterans' Memorial cemeteries; operation, maintenance and expansion

c. 115, § 9A. Massachusetts Veterans' Memorial cemeteries; operation, maintenance and expansion Section 9A. The executive office of veterans' services shall operate, maintain and expand the Massachusetts Veterans' Memorial cemetery located in the city known as the town of Agawam and the Massachusetts Veterans' Memorial cemetery located in the town of Winchendon and may add new cemetery locations, subject to the availability of funds, to meet veterans' and veteran dependents' needs; provided, however, that the office shall maintain the cemetery grounds, facilities and infrastructure and shall manage the burial and interment services. The executive office may adopt additional rules, regulations and policies as necessary to fulfill its responsibilities and ensure the proper functioning of the cemeteries under its control.

M.G.L. c. 115, § 9D Senior care options initiative; senior care organizations; enrollment choices; advisory committee; report

c. 115, § 9D. Senior care options initiative; senior care organizations; enrollment choices; advisory committee; report Section 9D. (a) As used in this section, the following words shall have the following meanings:-- "Aging services access point'' or "ASAP'', any agency designated by the executive office of aging and independence pursuant to section 4B of chapter 19A. "Capitation'', a set dollar payment per enrollee per month that the division pays to a senior care organization to cover a specified set of services and administrative costs without regard to the actual number of services provided. "Complex care'', care for an enrollee who is unable to independently perform, without human assistance or cueing, two or more activities of daily living or who is determined to be in need of continuous behavioral health or social services to maintain minimal daily independent functioning. Such care shall address enrollee needs, including any condition or situation that requires coordination of multiple senior care organization services. "Dually eligible'', any person, aged 65 or older, who is simultaneously qualified for full benefits under Title XIX of the Social Security Act, 42 U.S.C 1396 et seq., and Title XVIII of the Social Security Act, 42 U.S.C 1395 et seq. [ Definition of "Enrollee'' in subsection (a) effective until January 1, 2026. For text effective January 1, 2026, see below.] "Enrollee'', any dually eligible or MassHealth-only member, aged 65 or older, who is voluntarily enrolled in a senior care organization in accordance with the enrollment criteria as established by the division of medical assistance. [ Definition of "Enrollee'' in subsection (a) as amended by 2025, 9, Sec. 45 effective January 1, 2026. See 2025, 9, Sec. 135. For text effective until January 1, 2026, see above.] "Enrollee'', any dually eligible member, aged 65 or older, who is voluntarily enrolled in a senior care organization in accordance with the enrollment criteria as established by the division of medical assistance. "Geriatric support services coordinator'', a member of a senior care organization primary care team who is employed by an aging services access point, is qualified to conduct and is responsible for arranging, coordinating and authorizing the provision of appropriate community long-term care and social support services. [ Definition of "MassHealth Senior Care Options'', in subsection (a) effective until January 1, 2026. For text effective January 1, 2026, see below.] "MassHealth Senior Care Options'', a program of medical, health and support services covered under Title XIX or Title XVIII of the Social Security Act, provided through senior care organizations. "Medically necessary'', as defined by the division of medical assistance. [ Definition of "MassHealth Senior Care Options'', in subsection (a) as amended by 2025, 9, Sec. 46 effective January 1, 2026. See 2025, 9, Sec. 135. For text effective until January 1, 2026, see above.] "MassHealth Senior Care Options'', a program of medical, health and support services covered under Title XIX and Title XVIII of the Social Security Act, provided through senior care organizations. "Medically necessary'', as defined by the division of medical assistance. "Medicare'', the federal health insurance program for elderly and disabled persons, and persons with kidney failure established pursuant to Title XVIII of the Social Security Act, 42 U.S.C 1395 et seq. "Primary care team'', a team of health and long-term care professionals established by the senior care organization. Primary care teams shall consist of a primary care physician working in conjunction with a nurse practitioner, registered nurse or physician's assistant, a geriatric support services coordinator, and other professionals designated by the senior care organization. "Senior care organization'' or "SCO'', a comprehensive network of medical, health care and social service providers that integrates all components of care, either directly or through subcontracts. SCOs will be responsible for providing enrollees with the full continuum of Medicare and MassHealth covered services. [ Subsection (b) effective until January 1, 2026. For text effective January 1, 2026, see below.] (b) Notwithstanding any general or special law to the contrary, the division may, subject to appropriation and the availability of federal financial participation and pursuant to a memorandum of understanding with the federal Health Care Financing Administration, establish a program of medical and long-term care benefits, known as the MassHealth senior care options initiative for Massachusetts residents, aged 65 and over, who are dually eligible or only eligible for benefits under Title XIX of the Social Security Act. For purposes of this section, an individual is deemed to reach the age of 65 on the first day of the month in which the individual's 65th birthday occurs. The division may contract with entities, to be known as senior care organizations or SCOs, to provide or arrange to provide a comprehensive network of medical, health care and social services that integrates all components of care, either directly or through subcontracts. [ Subsection (b) as amended by 2025, 9, Sec. 47 effective January 1, 2026. See 2025, 9, Sec. 135. For text effective until January 1, 2026, see above.] (b) Notwithstanding any general or special law to the contrary, the division may, subject to appropriation and the availability of federal financial participation and pursuant to a memorandum of understanding with the federal Health Care Financing Administration, establish a program of medical and long-term care benefits, known as the MassHealth senior care options initiative for Massachusetts residents, aged 65 and over, who are dually eligible. For purposes of this section, an individual is deemed to reach the age of 65 on the first day of the month in which the individual's 65th birthday occurs. The division may contract with entities, to be known as senior care organizations or SCOs, to provide or arrange to provide a comprehensive network of medical, health care and social services that integrates all components of care, either directly or through subcontracts. (c) The division shall ensure that enrollment in the program is voluntary. No disincentives for selecting a fee-for-service delivery system shall be included as part of any agreement or waiver regarding the program. To the extent consistent with federal law and regulations, the division shall ensure that all enrollees in a SCO have the right to disenroll from the program in any month upon submitting a notice of disenrollment to the division or contracted entity. Disenrollment notices received by the division or contracted entity by the twentieth day of the month shall be effective the first day of the following month. (d) The benefits provided to persons considered eligible to enroll in the SCO shall include those services covered by Medicare Part A and Part B; the amount, duration and scope of Medicaid-covered services shall be at a minimum no more restrictive than the scope of services provided under MassHealth standard coverage, and shall include services covered under the home and community-based services waiver program; and services necessary for the treatment of mental health or substance abuse. (e)(1) During the first 3 years of the demonstration project, a SCO shall conform to the minimum medical loss ratio as established by the division for its category. At the end of each fiscal year, the SCO shall provide to the division an audited statement of its medical loss ratio for the past year. Two years after the implementation of the SCO demonstration project, the division shall have 6 months to review the data and audited statements and shall have an additional 6 months to implement revised loss ratios. Beginning the fourth year of the demonstration project and upon renewal of the contract with the division, a SCO shall conform to the revised minimum medical loss ratio as established by the division for its category. Beginning the fourth year of the demonstration project and upon renewal of the contract with the division, if a SCO's audited medical loss ratio is below the minimum as determined by the division for its category, the SCO shall provide additional benefits or services to its enrollees in the following contract year in an amount that would raise its medical loss ratio to the minimum level established by the division for its category, and shall submit a plan to the division detailing how such benefits or services shall be provided to its plan enrollees. (2) Not later than the end of the first year of operation as a SCO, the division shall require that all SCOs, with whom the division contracts to deliver such services, establish SCO consumer advisory councils. Such councils shall monitor and make recommendations for the SCOs services delivered under this program and shall be represented by members of its enrolled population, or family members or unpaid caregivers of its enrolled population. The chair or his designee of the SCO consumer advisory council shall have a seat on the board of the SCO and a seat on the division of medical assistance's SCO advisory committee as created under subsection (m). (3) The division shall educate consumers and their families as to their enrollment choices under MassHealth senior care options and other available alternatives under Medicare and Medicaid. Neither SCOs nor the division shall offer gifts, payments or other inducements to enroll seniors in a SCO. The division shall also perform outreach services to local councils on aging and other related organizations to educate those councils and organizations on the details of the SCO demonstration project, including, but not limited to, providing the councils and organizations with the SCO educational materials listed in paragraph (4). (4) The division shall deliver to all prospective enrollees SCO educational materials that shall include, but not be limited to: a definition of a SCO and how it functions; enrollment eligibility standards; the location of SCOs; a complete list of their participating providers; the range of available services; consumer rights under Medicare and Medicaid; an assistance worksheet for determining health care options under MassHealth senior care options, Medicare and Medicaid; and quality of care measurements reported to the division. (5) The SCO shall be required to evaluate all its enrollees to determine if an enrollee has complex care needs within 30 days of initial enrollment, as well as on an annual basis, or as requested by the enrollee's primary care physician, or as requested by the enrollee or his authorized representative. If it is determined that an enrollee has complex care needs, the enrollee may receive the ongoing services of a primary care team. If the primary care team determines that the complex care enrollee requires the ongoing services of a primary care team, the primary care team shall develop and monitor a plan of care for said enrollee, and arrange for and deliver all services called for in the plan of care. If an enrollee is deemed to have complex care needs, but the primary care team determines the complex care enrollee does not require the services of a primary care team, the enrollee shall receive the services of a primary care physician and may appeal to the SCO to receive primary care team services. The SCO shall conduct a standard review and make a decision following receipt of all required documentation and, if requested by the primary care physician, the SCO shall conduct an expedited review. The timeline for standard and expedited reviews shall meet the requirements established under 42 C.F.R. 422.568 and 422.572. The SCO shall develop criteria for the primary care team to employ when determining whether the complex care enrollee requires the ongoing services of a primary care team. The SCO shall submit the criteria to the division of medical assistance for its approval. (6) The executive office shall direct MassHealth to provide each beneficiary age 65 and older with an annual notice of the options for enrolling in voluntary programs including Program of All Inclusive Care for the Elderly or PACE plans, Senior Care Option or SCO plans, Home and Community-Based Services Waiver program for frail elders or any other voluntary, elective benefit to which they are entitled to supplement or replace their MassHealth benefits. If MassHealth receives approval from the Centers for Medicare and Medicaid Services, MassHealth shall arrange for the annual notice to include the names and contact information for the program providers, general contact information for MassHealth and a general description of the benefits of joining particular programs in clear and simple language and a method to request the same information in a language other than English. The notice shall include a method for the beneficiary to indicate interest in receiving additional information on any programs identified that may be of interest to them. A draft of the proposed language and format for providing information to beneficiaries shall be circulated to the providers contracted to provide each of these programs for review and comment prior to finalization. The division shall work with the program providers and other appropriate stakeholders to assess whether and to what extent barriers to program enrollment shall be alleviated through modifications to the program or the enrollment process. (f) The division shall develop and issue a document for consumers to be known as the "SCO report card'' containing information and data providing a basis upon which SCOs may be evaluated and compared by consumers. The document shall be made available to residents of the commonwealth, upon request. In preparing that report card, the division shall, to the extent possible, use information already reported by the SCO. The division shall consult with the department of public health and the division of insurance in determining the content and format of the report card, and shall make the report card available on the internet web site established by the division. The division shall issue its proposed methodology for the preparation of the SCO report card. The division shall issue the initial report card 1 year from the announcement of the methodology and annually thereafter. (g) The division shall measure a SCO's performance using a variety of objective quality assurance measures, including, but not limited to, ongoing provider education, consumer satisfaction surveys, outcome measures and practice guidelines. (h)(1) Each SCO shall be required to contract with 1 or more ASAPs in its geographic service area unless otherwise provided by this section. The division, in concurrence with the executive office of aging and independence, shall develop procedures and criteria for assessing the circumstances under which a SCO may choose not to contract with any specific ASAP operating in the SCO's service area and shall make those procedures and criteria available to the SCOs and ASAPs. The procedures and criteria shall include a requirement that any SCO so choosing shall demonstrate its reasons to the division, including, but not limited to, specific contractual, performance, administrative or clinical deficiencies for each ASAP with which the SCO chooses not to contract. The division, in consultation with the executive office of aging and independence, shall determine whether the SCO requesting not to contract with a given ASAP has met the criteria for such a request. The division shall share with the executive office of aging and independence all documentation provided by the SCO regarding its reasons not to contract with an ASAP. (2) ASAPs under contract with SCOs shall employ geriatric support service coordinators, who shall be members of the primary care team and shall be responsible for: (i) arranging, coordinating and authorizing the provision of community long-term care and social support services with the agreement of other primary care team members designated by the SCO; (ii) coordinating non-covered services and providing information regarding other elder services, including, but not limited to, housing, home-delivered meals and transportation services; (iii) monitoring the provision and outcomes of community long-term care and support services, according to the enrollee's service plan, and making periodic adjustments to the enrollee's service plan as deemed appropriate by the primary care team; (iv) tracking enrollee transfer from one setting to another; and (v) scheduling periodic reviews of enrollee care plans and assessment of progress in reaching the goals of an enrollee's care plan. (3) SCOs and ASAPs shall be responsible for developing processes for assessing all enrollees upon enrollment to determine the need for involvement of the ASAPs and to assure appropriate ongoing monitoring of the enrollee's need for medically necessary services. (4) SCOs shall grant geriatric support services coordinators authorizing responsibility over a range and amount of services for specific conditions or circumstances for which agreement of the primary care team would not be required. In cases where the primary care team members cannot reach agreement regarding an enrollee's service plan or the authorization thereof, any team member may request that the SCO conduct a clinical review within 3 working days of receiving a request for that review. Clinical reviewers shall not be members of the primary care team presenting the case, and all decisions by the clinical review team shall be final. SCOs shall be required to report the results of all clinical reviews to the division and to the executive office of aging and independence. Such reports shall be a component of a SCO's performance review by the division. (i) The division shall develop a capitation system for payment for Medicaid services in which the SCOs shall be at full or partial financial risk for any services that they authorize and purchase on behalf on an enrollee. Capitation rates shall be adequate to ensure the provision of quality health and long-term care services to all enrollees regardless of physical or mental health conditions. The division shall ensure that Medicaid rates are no greater than what the division would pay for an actuarially equivalent unenrolled population. The division may permit a risk-sharing relationship between the SCO and the ASAP, in which the two entities share the financial risk of providing coordinated services to enrollees under a system of capitated or sub-capitated rate payments. (j) The division shall ensure that enrollees have a choice of at least 2 senior care organizations within their geographic area, where available. The division also shall ensure that enrollees have a choice of at least 2 primary care physicians and nursing facilities within each SCO network. Furthermore, when there is more than 1 home health agency within a SCO's network, enrollees shall have a choice of home health agencies among those within the SCO's network. (k) A SCO shall meet all privacy standards set by the regulations established by the federal Department of Health and Human Services under the Healthcare Insurance Portability and Accountability Act of 1996. (l) Enrollees in any SCO shall have access to the appropriate ombudsperson within the executive office of aging and independence, and shall have access to the SCO ombudsperson or like person within the SCO. The contacts and method of contact shall be provided, at a minimum, to each SCO enrollee upon enrollment. (m) The division shall promulgate regulations to enforce the provisions of this chapter, and shall establish a senior care options advisory committee to advise the division regarding the ongoing operations of MassHealth senior care options. The advisory committee shall advise the division with regard to the appropriate outreach, enrollment and disenrollment policies for eligible persons. The SCO advisory committee shall include the chairs of the SCO advisory councils and 51 per cent of the advisory committee shall be SCO enrollees or representatives from elderly consumer groups and aging services organizations chosen by the division and the executive office of aging and independence. (n) The division shall enter into an interdepartmental service agreement with the executive office of aging and independence in a manner that ensures that any and all coordinated care services are provided pursuant to the requirements specified in this section. (o) The commissioner, in consultation with the secretary of the executive office of aging and independence, shall semi-annually submit to the house and senate committees on ways and means a report detailing the name and number of entities participating as senior care option organizations and expenditure data, including, but not limited to, an analysis of the program's aggregate budget neutrality. Furthermore, the division shall collect detailed information on the functioning of the SCO demonstration project, including: enrollment and disenrollment rates, including detailed reasons for enrolling and disenrolling; the number of SCO enrollees in nursing homes, community settings and other settings; and other information to assist the special commission in completing various studies. (p) A SCO shall meet standards established by 42 U.S.C. section 1395w-22 (f) and (g) and 42 U.S.C. section 1396u-2(b). (q) Notwithstanding any general or special law to the contrary, the secretary of health and human services may review a request for financial solvency certification by a care delivery organization based in the commonwealth applying to serve as a Medicare Advantage Special Needs Plan caring for residents of the commonwealth who are dually eligible for Medicare and Medicaid. Upon determination that appropriate financial standards, which may be the standards already in place for organizations with contracts pursuant to this section, have been met, the secretary shall so certify to the Centers for Medicare & Medicaid Services. The secretary may require the requesting organization to pay a reasonable certification fee.

M.G.L. c. 115, § 10 Municipal departments of veterans' services; creation; directors; districts; treasurer of district

c. 115, § 10. Municipal departments of veterans' services; creation; directors; districts; treasurer of district Section 10. The mayors of cities and the selectmen of towns, other than cities and towns which become part of a district as authorized by the second paragraph of this section, shall cause to be established and maintained in their respective cities and towns a department for the purpose of furnishing such information, advice and assistance to veterans and their dependents as may be necessary 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, pensions, and other veterans' benefits. Each department so established and maintained shall be known as the department of veterans' services, and the officer in charge thereof shall be known as the director of veterans' services. Such director and any assistant or deputy director appointed under this section or section eleven shall be a veteran and shall be appointed in a city by the mayor, with the approval of the city council, and in a town by the selectmen. Two or more adjoining towns, or two or more adjoining municipalities only one of which is a city, may, in a city by vote of the city council thereof, and in a town by vote of the selectmen thereof, form a district for the purposes set forth in the first paragraph of this section, including the appointment and compensation of a director of veterans' services, for the enforcement therein of such purposes and of such other provisions of law as it may be such director's duty to enforce. Any constituent city or town by vote may withdraw from the district at the end of any fiscal year of such city or town if such withdrawal is voted in the manner aforesaid not less than sixty days prior to the end of such fiscal year and notice of such vote is filed with the other municipalities comprising the district. The director of veterans' services of each district established under authority of the preceding paragraph shall, under the direction of the district board referred to in section eleven, perform the office's duties in each of the municipalities comprising the director's district. The treasurer of one of the municipalities comprising such district, designated by the district board thereof, shall be treasurer of the district and shall give to the district a bond, with a surety company authorized to transact business in the commonwealth as surety, for the faithful performance of the district treasurer's duties in such sum and upon such conditions as said district board may require. The district treasurer shall disburse the money received under the provisions of section eleven upon warrants approved by the district board.

M.G.L. c. 115, § 11 Municipal departments of veterans' services; district boards; powers; apportionment of expenses; payment of costs and expenses by district members

c. 115, § 11. Municipal departments of veterans' services; district boards; powers; apportionment of expenses; payment of costs and expenses by district members Section 11. In every district established under authority of section ten there shall be a board composed of the mayor or the mayors designee of such city, if any, as may be included in the district and the chair of the board of selectmen or its designee of each of the towns, if any, included in said district and the town manager or the town manager's designee in a municipality with a town council form of government, if any, included in said district. Said board shall appoint, fix the compensation of, and may remove the director of veterans services of said district. Said board may appoint, fix the salary of, and remove, a deputy or assistant to such director, if in the opinion of said board such an officer is necessary. Said board may determine the expenses of said director and deputy or assistant and of the department under the charge of said director, and may apportion said expenses among the several municipalities comprising such district on the basis of the taxable valuation of said municipalities as last established by the general court as a basis of apportionment for state and county taxes, or on the basis of the population of each municipality in such district based on the most recent federal census, or by any other means determined by a unanimous vote of said board to be fair and equitable to each community. Said board shall promptly thereafter notify the treasurers of said municipalities of such apportionment. Every city or town treasurer so notified shall, annually in December, certify the amount of such apportionment to the board of assessors of the treasurer's municipality, who shall include such amount in the tax levy of the following year. Upon order of the district board the city or town treasurer of each of the constituent members of the district shall from time to time pay to the district treasurer a sum or sums not exceeding, in the aggregate, the amount certified by the board as its respective share of the costs and expenses of the district. In case a city or town becomes a member of a district at a time when it is too late to permit an assessment as provided by sections ten to fourteen, inclusive, such city or town may appropriate and pay to the district treasurer an amount representing its proportionate share of the expense of the district for the period ending December thirty-first in the year in which such city or town becomes a member of the district.

M.G.L. c. 115, § 12 Municipal departments of veterans' services; advisory boards; duties; rules and regulations

c. 115, § 12. Municipal departments of veterans' services; advisory boards; duties; rules and regulations Section 12. In each city, and in each town not included in a district established under section ten, and in each such district, there may be in the department of veterans' services an unpaid advisory board to be appointed, in cities by the mayor, in towns by the board of selectmen, and in districts by the district board. Said advisory board shall render such assistance to the director of veterans' services of the municipality or district relative to the provisions of this chapter, except as to sections one to nine, inclusive, as said director may request. The secretary is hereby authorized and directed to formulate and publish rules and regulations establishing in a general manner the types of persons, with respect to their occupations, professions and special skills, who may be appointed to such unpaid advisory boards. Every such advisory board shall consist of not less than five nor more than fifteen residents of the city, town or district, as the case may be.

M.G.L. c. 115, § 13 Duties of departments of veterans' services

c. 115, § 13. Duties of departments of veterans' services Section 13. Said departments shall acquire and have on hand copies of current booklets and other printed matter pertaining to the statutory rights of veterans provided under state and federal laws. They may call at any time upon any department, board, division or commission of the commonwealth for such assistance as may be necessary in carrying out their functions. They shall also work in close coordination with existing federal agencies established for the aid of such veterans, and they shall enlist the support of hospitals within their respective communities or districts for carrying out the purposes of sections ten to fourteen, inclusive.

M.G.L. c. 115, § 14 Municipal departments of veterans' services; control and direction of commissioner; separate and independent location

c. 115, § 14. Municipal departments of veterans' services; control and direction of commissioner; separate and independent location Section 14. Departments established and maintained under sections ten to fourteen, inclusive, shall be under the general direction of the secretary, and they shall be physically located independently of, and separate and apart from, any other public or private agency, board, bureau, social agency or society, except a department or agency disbursing aid or relief or veterans' benefits under this chapter.

M.G.L. c. 115, § 15 Municipal departments of veterans' services; audit of accounts of districts

c. 115, § 15. Municipal departments of veterans' services; audit of accounts of districts Section 15. The director of accounts in the department of corporations and taxation shall cause an audit to be made annually of the accounts of all districts organized under the authority of section ten and for such purpose the director and the director's agents shall have access to all necessary papers, books and records. The expenses incurred for said audits shall be paid primarily by the commonwealth. Said director shall apportion the cost of each audit among the several municipalities comprising the district on the basis of the taxable valuation of said municipalities as last established by the general court for state and county taxes, and submit the amounts of each apportionment to the state treasurer, who shall issue a warrant requiring the assessors of the cities and towns which comprise the district to assess a tax to the amount so apportioned, and such amount shall be collected and paid to the state treasurer as provided by section twenty of chapter fifty-nine.

M.G.L. c. 115, § 16 Veterans equality review board; state-based veteran benefits for veterans that received an other than honorable discharge under Don't Ask, Don't Tell or similar policy

c. 115, § 16. Veterans equality review board; state-based veteran benefits for veterans that received an other than honorable discharge under Don't Ask, Don't Tell or similar policy Section 16. (a) There shall be a veterans equality review board to ensure veterans that received an other than honorable discharge under 10 U.S.C. 654, also known as the Don't Ask, Don't Tell policy, or any other policy, on the basis of sexual orientation, gender identity or gender expression, receive state-based veteran benefits. The board shall ensure that veterans receive state-based veteran benefits if they receive: (i) an other than honorable discharge on the basis of sex, race, color, religious creed, national origin, age, genetic information, ancestry, marital status or disability; or (ii) any United States Department of Veterans Affairs category eligible for a discharge upgrade, including, but not limited to, mental health conditions, military sexual trauma and traumatic brain injury. The executive office of veterans' services shall promulgate rules and regulations to carry out this section. The board shall consist of: 3 members appointed by the secretary of veterans' services, 1 of whom shall represent the interests of the LGBTQ veteran community; and 2 members appointed by the governor. All members shall, by education or experience, be knowledgeable of veterans benefits and programs and have demonstrated interest in veteran affairs. A majority of the members shall be veterans. Members shall serve for 5 years. The members shall vote to select a chair. If a vacancy occurs, it shall be filled for the balance of the unexpired term in the same manner as the original appointment. A majority of the appointed and serving members of the board shall constitute a quorum of the board for the transaction of business. An action of the board shall be approved by a majority vote of the members present at a meeting where a quorum is present. The members of the board shall serve without compensation. (b) The board shall meet as often as deemed necessary by the chair based on the number of applications pending before the board. The board shall review each application submitted under this section and render a recommendation to the secretary of veterans' services as to whether the veteran's sexual orientation, gender identity or gender expression was more likely than not the primary basis for the veteran receiving an other than honorable discharge. The board shall complete review of each application not later than 30 days after receipt and render a written recommendation to the secretary not later than 30 days after completion of such review. (c) A veteran who received an other than honorable discharge and who believes such discharge characterization was based on the veteran's sexual orientation, gender identity or gender expression may file an application for state-based veteran benefits. The applicant may include evidence supporting the applicant's claim that such other than honorable discharge characterization was based on the veteran's sexual orientation, gender identity or gender expression. (d) The executive office of veterans' services shall create a standardized application form enumerating the required documentation necessary for filing an application under this section and shall make such form available on the executive office of veterans' services website along with filing instructions. (e) The secretary shall issue a written decision not later than 10 days after receipt of the board's recommendation, approving or denying the application. If the secretary approves the application, the veteran shall be eligible for state-based veteran benefits. If the secretary denies the application, the veteran may file a request for reconsideration, including additional documentation for the application, not later than 30 days after receipt of the secretary's decision. [ There is no subsection (f).] (g) The executive office , board of registration in medicine and board of registration in pharmacy shall independently adopt regulations to implement this section.

M.G.L. c. 115, § 17 United States Department of Veterans Affairs' Airborne Hazards and Open Burn Pit Registry; periodic health assessment for members of the Massachusetts national guard

c. 115, § 17. United States Department of Veterans Affairs' Airborne Hazards and Open Burn Pit Registry; periodic health assessment for members of the Massachusetts national guard Section 17. The adjutant general of the Massachusetts national guard shall request that the periodic health assessment for members of the Massachusetts national guard determine whether the guard member was deployed to a location that would make the guard member eligible to participate in the United States Department of Veterans Affairs' Airborne Hazards and Open Burn Pit Registry, and whether the guard member was exposed to open burn pits or other airborne hazards during their deployment to said location. The adjutant general shall request that any guard member who during their periodic health assessment is identified as having been potentially exposed to open burn pits or other airborne hazards during a deployment is automatically registered to participate in the United States Department of Veterans Affairs' Airborne Hazard and Open Burn Pit Registry.

M.G.L. c. 115, § 18 Women veterans' network

c. 115, § 18. Women veterans' network [Text of section added by 2024, 140, Sec. 115 effective July 1, 2024. See 2024, 140, Sec. 264. For text of section as added by 2024, 178, Sec. 47, and 2024, 178, Sec. 139, see below. ] Section 18. (a) There shall be within the executive office of veterans' services a women veterans' network. The duties of the network shall include, but not be limited to: (i) performing outreach to women veterans; (ii) improving women veterans' awareness of eligibility for federal and state veterans' services and benefits; (iii) holding in-person events for women veterans; (iv) making recommendations to the secretary of veterans' services to improve benefits and services for women veterans; (v) incorporating women veterans' issues in the strategic planning of the executive office; and (vi) creating and distributing documents detailing benefits and resources available to women veterans, including but not limited to, resources to help women veterans transition to civilian life; provided, however, that such documents shall be made available on the executive office's website. (b) The network shall employ a women veterans' coordinator to assist in the programming and outreach to women veterans, who shall work with the executive office of veterans' services and veteran services officers to engage women veterans in a geographically equitable manner. (c) Annually, not later than November 1, the office shall submit a report to the clerks of the senate and the house of representatives, the senate and house committees on ways and means and the joint committee on veterans and federal affairs, which shall include, but not be limited to: (i) demographic information on women veterans in the commonwealth; (ii) summation of veteran outreach events designed to connect women veterans; (iii) women veteran benefits documents created by the network; and (iv) upcoming in-person events organized or identified by the network. Chapter 115: Section 18. Veterans benefits matter; compensation; violation [Text of section as added by 2024, 178, Sec. 47 effective August 8, 2024. For text of section added by 2024, 140, Sec. 115, see above. For text of section added by 2024, 178, Sec. 139, see below.] Section 18. (a) As used in this section, the following words shall have the following meanings unless the context clearly requires otherwise: ''Compensation'', payment of any money, thing of value or financial benefit. ''Person'', an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government or governmental subdivision, agency or instrumentality or any other legal or commercial entity. ''Veterans benefits matter'', the preparation, presentation or prosecution of any claim affecting any person who has filed or expressed an intent to file a claim for any benefit, program, service, commodity, function or status, entitlement to which is determined under the laws and regulations administered by the United States Department of Veterans Affairs or Department of Defense pertaining to veterans, their dependents, their survivors and any other individual eligible for such benefits. (b) In regard to a veterans benefits matter, no person shall: (i) receive compensation for: (A) preparation, presentation, prosecution, advising, consulting or assisting any individual with regard to any veterans benefits matter, except as permitted under federal law; or (B) referring a veteran to another person to prepare, present, prosecute, advise, consult or assist such veteran with any veterans benefits matter; (ii) guarantee, either directly or by implication, that any individual is certain to receive specific veterans benefits or that any individual is certain to receive a specific level, percentage or amount of veterans benefits; or (iii) receive excessive or unreasonable fees under 38 C.F.R 14.636(e) as compensation for advising or assisting any veteran with any veterans benefits matter. (c) A violation of this section shall also be a violation of chapter 93A. Chapter 115: Section 18. United States Department of Veterans Affairs' Airborne Hazards and Open Burn Pit Registry [Text of section as added by 2024, 178, Sec. 139 effective August 8, 2024. For text of section added by 2024, 140, Sec. 115 and 2024, 178, Sec. 47, see above.] Section 18. (a) The commissioner, in consultation with the commissioner of public health and the adjutant general of the Massachusetts national guard, shall contact all members of the Massachusetts national guard and all known veterans and members of the United States armed forces residing in the commonwealth who may be eligible to participate in the United States Department of Veterans Affairs' Airborne Hazards and Open Burn Pit Registry, including, but not limited, those who may have served in: (i) Operation Enduring Freedom, Operation Iraqi Freedom or Operation New Dawn; (ii) Djibouti, Africa on or after September 11, 2001; (iii) Afghanistan on or after September 11, 2001; (iv) Operation Desert Shield or Operation Desert Storm; or (v) in the Southwest Asia theater of operations on or after August 2, 1990. Veterans or service members contacted shall be encouraged to join the United States Department of Veterans Affairs' Airborne Hazards and Open Burn Pit Registry and shall be provided with contact information for the United States Department of Veterans Affairs' Airborne Hazards and Open Burn Pit Registry and a copy of the informational pamphlet created by the commissioner of public health pursuant to subsection (b) of section 244 of chapter 111. (b) The commissioner shall create a database of self-identifying service members and veterans who have been exposed to open burn pits or other airborne hazards, which shall include the name, address, electronic address, phone number, location and period of service and other information as deemed necessary. Such information shall be used only for the purposes of communicating information about exposure to toxic airborne chemicals and fumes caused by open burn pits or other airborne hazards to service members and veterans. The database, materials or other information shall be confidential and privileged, shall not be subject to chapter 66, or clause Twenty-sixth of section 7 of chapter 4 and shall not be subject to subpoena, discovery or introduction into evidence in any private civil action.
Source: Massachusetts General Court (malegislature.gov)URL: https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXVII/Chapter115Fetched: 10/20/2026

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