Massachusetts 2023-2024 Regular Session

Massachusetts Senate Bill S2489 Compare Versions

Only one version of the bill is available at this time.

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2	2	SENATE DOCKET, NO. 2587 FILED ON: 4/28/2023
3	3	SENATE . . . . . . . . . . . . . . No. 2489
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	John J. Cronin
8	8	_________________
9	9	To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
10	10	Court assembled:
11	11	The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
12	12	An Act relative to modernizing Chapter 115.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :John J. CroninWorcester and MiddlesexMichael P. Kushmerek3rd Worcester10/11/2023 1 of 46
16	16	SENATE DOCKET, NO. 2587 FILED ON: 4/28/2023
17	17	SENATE . . . . . . . . . . . . . . No. 2489
18	18	By Mr. Cronin, a petition (accompanied by bill) (subject to Joint Rule 12) of John J. Cronin for
19	19	legislation relative to modernizing Chapter 115. Veterans and Federal Affairs.
20	20	The Commonwealth of Massachusetts
21	21	_______________
22	22	In the One Hundred and Ninety-Third General Court
23	23	(2023-2024)
24	24	_______________
25	25	An Act relative to modernizing Chapter 115.
26	26	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
27	27	of the same, as follows:
28	28	1 SECTION 1. Chapter 115 is hereby amended by striking out section 1, as amended by
29	29	2section 28 and section 29 of chapter 144 of the acts of 2022, and inserting in place thereof the
30	30	3following section:-
31	31	4 “Section 1. “Claimant”, any person who is a recipient of benefits under this chapter, files
32	32	5an application for benefits under this chapter, communicates to a veterans'’ agent their desire to
33	33	6apply for benefits under this chapter, or expresses a need for financial or other assistance
34	34	7available under this chapter to a veterans’ agent or to the Executive Office of Veterans’ Services.
35	35	8 “Dependent”, the surviving spouse, child, or parent of a veteran, as hereinafter defined,
36	36	9including any person who stood in the relationship of a parent to such veteran for the five years
37	37	10next preceding the commencement of their wartime service; provided, that no child of a veteran
38	38	11who is more than eighteen years of age shall be deemed a dependent, unless such child is
39	39	12attending school for the purpose of completing a regulation high school course or its equivalent, 2 of 46
40	40	13or unless they are unable to support themselves due to a disability, and the disability existed
41	41	14before they attained that age, or unless they are under twenty-three years of age, and a full-time
42	42	15student at an educational institution which maintains a regular faculty and curriculum and has a
43	43	16regularly organized body of students in attendance at the place where its educational activities
44	44	17are carried on.
45	45	18 "Reside'', to be present within a city or town of the commonwealth, notwithstanding the
46	46	19lack of a present abode, with no present intention of definite and early removal, but not
47	47	20necessarily with the intention of remaining permanently; provided, however, that any such
48	48	21person who enters the commonwealth solely for the purpose of obtaining benefits under this
49	49	22chapter shall not be considered to reside in the commonwealth; and, provided further, that a
50	50	23claimant lacking a present abode shall be required to provide an affidavit stating their identity,
51	51	24their last place of residence and their intention to establish an abode within the city or town in
52	52	25which they apply.
53	53	26 "Institution'', any hospital, sanatorium or wayfarer's lodge, boarding or rest home, or
54	54	27convalescent or nursing home, for the operation of which a license is required by law, any
55	55	28facility conducted by an agency incorporated under chapter one hundred and eighty or any
56	56	29special act as a charitable corporation and any facility operated by municipal, county, state or
57	57	30federal government.
58	58	31 “Secretary”, the secretary of veterans’ services.
59	59	32 "Veteran'', any person who (a) is a veteran as defined in clause Forty-third of section
60	60	33seven of chapter four; or (b) meets all the requirements of said clause Forty-third except that
61	61	34instead of performing wartime service as so defined, they have served on active duty in the 3 of 46
62	62	35Mexican border service, between June thirteenth, nineteen hundred and sixteen, and February
63	63	36third, nineteen hundred and seventeen; or (c) is entitled to the Civil War, Indian Campaign,
64	64	37Spanish Campaign, or Spanish War Service Medal; or (d) meets all the requirements of said
65	65	38clause Forty-third except that instead of performing ninety days active service, at least one day of
66	66	39which was for wartime service, they have performed active service in the armed forces of the
67	67	40United States at any time between April sixth, nineteen hundred and seventeen and November
68	68	41eleventh, nineteen hundred and eighteen, inclusive; or (e) meets all the requirements of said
69	69	42clause Forty-third, except that instead of performing wartime service as so defined, they are
70	70	43entitled to any of the following campaign badges: First Nicaraguan, Haitian, Dominican,
71	71	44Yangtze River, Second Yangtze River, Second Nicaraguan, Vera Cruz, Mexican Service;
72	72	45provided, that in any case the service of such person was credited to Massachusetts, or such
73	73	46person has resided in the commonwealth for 1 day.
74	74	47 “Veterans’ agent”, any person who is a 'veterans' benefits and services officer'' defined
75	75	48under 3B of chapter 115
76	76	49 “Veterans’ benefits”, the benefits provided by this chapter. When used in any statute,
77	77	50ordinance, by-law, rule or regulation, the phrases "state aid'', "military aid'', "soldiers' relief'',
78	78	51"soldiers' burial'', or any words or phrases connoting the same, shall mean veterans' benefits.”
79	79	52 SECTION 2. Chapter 115 is hereby amended by striking out section 2, as amended by
80	80	53section 30 of chapter 144 of the acts of 2022, and inserting in place thereof the following
81	81	54section:-
82	82	55 “Section 2. The secretary shall be a veteran, as defined in clause Forty-third of section 7
83	83	56of chapter 4 and shall assist and advise veterans' agents in the performance of their duties, 4 of 46
84	84	57investigate, so far as the interests of the commonwealth require, all payments of veterans'
85	85	58benefits, prepare records and expedite the adjudication of claims, assist claimants in proving
86	86	59their cases, keep a record of work done in their office, and make an annual report.
87	87	60 The secretary shall establish the form of application to be used by claimants for veterans'
88	88	61benefits, may require the annexation thereto of official records of the veteran's induction,
89	89	62enlistment, service or discharge, or attested copies of the same, and shall from time to time
90	90	63provide each city and town with blank application forms prepared by them.
91	91	64 In establishing the form of application, the secretary shall provide that the department and
92	92	65veterans’ agents must accept applications for veterans’ benefits submitted through a common
93	93	66application portal for state-administered needs-based benefits and services and, upon receipt of
94	94	67such an application, shall treat the application as if it were filed directly with the veterans’ agent.
95	95	68The secretary shall adopt such regulations as they may deem necessary to ensure the proper
96	96	69administration of the provisions of this chapter, and he may issue and promulgate directives for
97	97	70the guidance of all persons concerned with veterans' benefits or with matters before the
98	98	71Department of Veterans Affairs of the United States government or other divisions of the
99	99	72commonwealth. The secretary shall ensure the effective, comprehensive, and equitable provision
100	100	73of benefits under this Chapter, including affirmative outreach and public posting of information
101	101	74by the department and local veterans’ agents to inform and advise residents of the availability of
102	102	75and the process for application for such benefits through local veterans’ agents and the Executive
103	103	76Office of Veterans’ Services.
104	104	77 The secretary shall decide all controversies between cities or towns relative to the
105	105	78residence of claimants for veterans’ benefits and, subject to the approval of the attorney general, 5 of 46
106	106	79the secretary’s decisions shall be final. The secretary shall decide any controversies between any
107	107	80applicant and a veterans’ agent or part-time veterans’ agent relative to the validity or amount of a
108	108	81claim for such benefits. The secretary shall decide whether a person is a veteran as defined in
109	109	82section 1 of this chapter for purposes of receiving benefits under this chapter, and any other
110	110	83agency in the commonwealth may refer determinations of veteran status to the secretary for
111	111	84decision.
112	112	85 Any claimant aggrieved by a decision of a veterans’ agent regarding veterans benefits or
113	113	86by the failure of a city or town to render adequate veterans' benefits or to take, approve, or deny
114	114	87an application for veterans’ benefits within forty-five days of receiving such application or the
115	115	88claimant requesting to apply for benefits, or any person aggrieved by the termination of such
116	116	89benefits, shall have the right to appeal to the secretary. Appeals shall be filed with the secretary
117	117	90within ninety days of the claimant’s receipt of a written adverse notice.  A hearing on such
118	118	91appeal held pursuant to this paragraph shall be conducted as an adjudicatory proceeding under
119	119	92chapter 30A and shall be conducted at a location convenient to the claimant which may include
120	120	93telephonically or electronically.  The secretary shall issue its decision on the appeal within ninety
121	121	94days after receipt of the appeal, except that when an aggrieved claimant appeals the denial of an
122	122	95application for benefits or the failure to take or act on said application or the failure of a city or
123	123	96town to render timely assistance to meet an emergency or hardship situation, the secretary shall
124	124	97render and issue its decision within forty-five days.  Further review of such decision may be had
125	125	98by any party upon appeal to the division of administrative law appeals established within the
126	126	99executive office of administration and finance pursuant to section four H of chapter seven,
127	127	100hereinafter in this section referred to as ''the division''. Appeals to the division shall be filed
128	128	101within thirty days after receipt of the secretary’s appeal decision. The division shall issue its 6 of 46
129	129	102decision within ninety days after the day of the filing of the appeal, except that when an
130	130	103aggrieved claimant appeals the denial of an application for veterans' benefits or the failure to take
131	131	104or act on said application or the failure of a city or town to render timely assistance to meet an
132	132	105emergency or hardship situation, the division shall render and issue its decision within forty-five
133	133	106days after the date of filing of said appeal. Further review of such decision may be had by any
134	134	107party upon application made to the governor and council within thirty days after their receipt of
135	135	108notice of the decision. Whether or not an application for further review is made to the governor
136	136	109and council, the decision of the division, or the decision of the governor and council, if an
137	137	110application for further review is made, shall be subject to judicial review in accordance with the
138	138	111provisions of chapter thirty A. The time for commencing such an action for judicial review shall
139	139	112be sixty days which shall run from the receipt of notice of the decision of the division, or, in the
140	140	113event that an application for further review is made to the governor and council, from the receipt
141	141	114of notice of the decision of the governor and council. In such an action for judicial review, the
142	142	115record shall consist of (a) the entire proceedings before the division of administrative law appeals
143	143	116and, if applicable, the governor and council, or (b) such portions thereof as the secretary and the
144	144	117parties may stipulate, or (c) a statement of the case agreed to by the secretary and the parties.
145	145	118 If a recipient of benefits files a timely appeal to the secretary contesting the termination
146	146	119or reduction thereof, benefits shall be paid to the recipient without change until the secretary or
147	147	120their designee issues a written decision, unless the recipient waives the right to benefits pending
148	148	121appeal. If a city or town fails or refuses to pay benefits pending appeal, benefits shall be paid by
149	149	122the commonwealth.
150	150	123 Upon the written request of the mayor of a city or the selectpersons of a town, they shall
151	151	124forthwith investigate any matter relating to the administration therein of the provisions of this 7 of 46
152	152	125chapter and the expenses of such an investigation shall be certified by them to the state treasurer
153	153	126who shall collect the same as an additional tax upon such city or town.
154	154	127 The secretary may, with the consent of the governor, appoint, as occasion may require,
155	155	128one or more disinterested persons who shall investigate any claims against the commonwealth
156	156	129for veterans' benefits, examine any persons to or for whom such benefits have been paid,
157	157	130investigate the reasons for and all matters relating to the granting of such benefits, and shall
158	158	131report their findings to the secretary. The reasonable expenses and compensation of any such
159	159	132disinterested person, if and when approved by the secretary and allowed by the governor and
160	160	133council, shall be paid by the commonwealth.
161	161	134 The secretary may authorize the payment by a veterans' agent of such sums as the
162	162	135secretary deem necessary to provide special care in a hospital or at any other place for a veteran
163	163	136of the civil war, their spouse or surviving spouse. On or before November tenth in the year
164	164	137following any expenditure so authorized, the city or town making the same shall be reimbursed
165	165	138by the commonwealth to the extent of seventy-five per cent of such expenditure.
166	166	139 The secretary shall be the agent and attorney of and for all departments, boards and
167	167	140commissions of the commonwealth, including the department of correction and the institutions
168	168	141under its control, in all matters before the United States Department of Veterans Affairs
169	169	142government involving any question of federal compensation or pension to which any veteran or
170	170	143dependent under the care or supervision of such departments, boards and commissions may be
171	171	144entitled, and involving any question of reimbursement of the commonwealth for assistance, care,
172	172	145board or hospitalization of any such veteran or dependent. Each such department, board and
173	173	146commission shall notify the secretary, in writing, of all such veterans or dependents who are 8 of 46
174	174	147inmates of any hospital or other institution under the control of such department, board or
175	175	148commission, or otherwise under the supervision of, or in receipt of direct financial assistance
176	176	149from, such department, board or commission. Such notification shall be on forms to be prepared
177	177	150by the secretary and shall contain such information as they may require to enable them to
178	178	151proceed properly in matters of federal compensation or pension for such veterans or dependents,
179	179	152and in matters of reimbursement of the commonwealth for assistance, care, board or
180	180	153hospitalization of such veterans or dependents.
181	181	154 The secretary shall investigate the probabilities of securing such compensation or pension
182	182	155for any such veteran or dependent, and, in furtherance of such investigation, may require the
183	183	156services of the veterans' agents of the various cities and towns and of the directors of veterans'
184	184	157services of the various cities, towns and districts, and shall prosecute claims for such
185	185	158compensation or pension in behalf of any such veteran or dependent from whom they may secure
186	186	159a power of attorney, in accordance with the regulations of the United States Department of
187	187	160Veterans Affairs government. The secretary may co-operate with any responsible veterans'
188	188	161service agency in the prosecution of such claims in behalf of any such veteran or dependent from
189	189	162whom such agency has secured such power of attorney, and shall prosecute claims for
190	190	163reimbursement of the commonwealth for assistance, care, board or hospitalization of any such
191	191	164veteran or dependent in cases wherein the federal government is responsible for such
192	192	165reimbursement.
193	193	166 The secretary may, by written notice, order a city or town to pay veterans' benefits to an
194	194	167claimant on an application approved by the secretary. If a city or town refuses or does not make
195	195	168such payment within fourteen days from receipt of such notice the secretary shall notify the state
196	196	169treasurer of such refusal or failure and thereafter such benefits shall be paid to the claimant by 9 of 46
197	197	170the commonwealth. If the commonwealth shall be called upon to pay any such benefits on behalf
198	198	171of any such city or town, the total of any such benefits paid in any such calendar year shall be
199	199	172assessed upon such city or town, or deducted from funds that may be due such city or town from
200	200	173the commonwealth.
201	201	174 The secretary shall appoint an advisory committee on women veterans to investigate,
202	202	175foster and promote the interests of women veterans as defined in section seven of chapter four.
203	203	176The committee shall consist of at least eleven members, one of whom shall be the secretary or
204	204	177their designee, one of whom shall be a person appointed by the governor as an advisor on
205	205	178women's issues, one of whom shall be the chairman of the Massachusetts commission against
206	206	179discrimination, or their designee, three of whom shall be members of veterans organizations as
207	207	180provided in section eight E of chapter twelve to be appointed by the governor, one of whom shall
208	208	181be a veterans agent to be appointed by the governor, and four of whom shall be women veterans
209	209	182appointed by the secretary, no fewer than two of whom shall be participants in the Vietnam
210	210	183Veterans Outreach Program of the United States Veterans Administration. Any member shall be
211	211	184eligible for reappointment and shall serve without compensation. The terms of appointment shall
212	212	185be coterminous with the governor. The advisory committee may issue annual reports on their
213	213	186activities.
214	214	187 The secretary shall create and maintain a list of firms and organizations willing to provide
215	215	188pro bono legal representation to veterans in the commonwealth. Such information shall be
216	216	189updated annually and shall be distributed to veteran's agents and available online. Veterans’
217	217	190agents shall distribute such information to all claimants with every notice denying, terminating,
218	218	191or reducing benefits or any other adverse action.” 10 of 46
219	219	192 SECTION 3. Chapter 115 is hereby amended by striking out section 2A, as amended by
220	220	193section 31 of chapter 144 of the acts of 2022, and inserting in place thereof the following
221	221	194section:-
222	222	195 “Section 2A. If the secretary decides a controversy between a claimant and a veterans'
223	223	196agent relative to the validity or amount of a claim for veterans' benefits, as provided in section
224	224	197two, in favor of the claimant, the said veterans' agent shall, forthwith, make payment to the
225	225	198claimant in accordance with said decision notwithstanding any appeal therefrom by the veterans'
226	226	199agent. If the division sustains the appeal of said veterans' agent as to the validity of such claim,
227	227	200payment to the claimant shall thereupon cease and all amounts paid to the claimant shall be
228	228	201reimbursed by the commonwealth in the manner provided in section six. If the division sustains
229	229	202the appeal of said veterans' agent as to the amount of such claim, payment to the claimant of any
230	230	203amount in excess of the amount approved by the division shall thereupon cease and all amounts
231	231	204paid to the claimant in excess of the amount so approved shall be reimbursed by the
232	232	205commonwealth in the manner provided by said section six.
233	233	206 The decision of the secretary, in accordance with the provisions of said section two, may
234	234	207be enforced by the superior court on a petition in equity.”
235	235	208 SECTION 4. Chapter 115, as appearing in the 2020 Official Edition, is hereby amended
236	236	209by striking out section 2B and inserting in place thereof the following section:-
237	237	210 “Section 2B. There shall be a commission on veterans employment opportunities that
238	238	211shall investigate whether veterans are subjected to employment discrimination on the basis of
239	239	212their status as veterans. The commission shall report its findings and recommendation annually
240	240	213on March 1 to the secretary of veterans services. The commission shall consist of 5 persons as 11 of 46
241	241	214follows: the secretary of veterans services or their designee, the secretary of economic
242	242	215development or their designee, a member appointed by the speaker of the house of
243	243	216representatives, a member appointed by the president of the senate and a veteran appointed by
244	244	217the Governor.”
245	245	218 SECTION 5. Chapter 115 is hereby amended by striking out section 2C, as amended by
246	246	219section 32 of chapter 144 of the acts of 2022, and inserting in place thereof the following
247	247	220section:-
248	248	221 “Section 2C. The secretary shall develop a comprehensive program to enhance
249	249	222employment opportunities and outcomes among veterans by assisting businesses to attract, hire,
250	250	223train and retain veterans. The program shall promote strategies for connecting employers to
251	251	224qualified veterans and shall include: (i) a workforce assessment and training program for
252	252	225participating employers; (ii) a certification and assessment process for participating employers to
253	253	226set measurable goals for hiring, training and retaining veterans; (iii) an annual workforce
254	254	227assessment report from the Disabled Veterans’ Outreach Program. The secretary shall engage
255	255	228with interested stakeholders and organizations that provide services to veterans in the
256	256	229development of the program.”
257	257	230 SECTION 6. Chapter 115 is hereby amended by striking out section 2D, as amended by
258	258	231section 17 of chapter 154 of the acts of 2022, and inserting in place thereof the following
259	259	232section:-
260	260	233 “Section 2D. (a)(1) To the extent practicable, the secretary shall make information on
261	261	234civilian licensure and certification opportunities available to members of the armed forces of the
262	262	235United States, members of the armed forces of the commonwealth and veterans. The information 12 of 46
263	263	236shall be made available in a format that allows the member or veteran to evaluate the suitability
264	264	237of member's or veteran's military training and skills to the corresponding requirements of civilian
265	265	238licenses and certifications available in the commonwealth and shall include, but not be limited to,
266	266	239information on: (i) the civilian occupational equivalents of military or other occupational
267	267	240specialties based on the corresponding branch of the military; (ii) civilian license or certification
268	268	241requirements, including examination requirements; (iii) the availability and opportunities for use
269	269	242of educational benefits; (iv) corresponding training; and (v) continuing education opportunities
270	270	243that provide a pathway to licensure or certification.
271	271	244 (2) The information required under this section shall be made available by the secretary
272	272	245to members of the armed forces of the United States, members of the armed forces of the
273	273	246commonwealth and veterans in a manner consistent with the Transition Goals Plans Success
274	274	247program administered under the Transition Assistance Program pursuant to 10 U.S.C. 1144.
275	275	248 (b) The secretary shall, for purposes of providing educational assistance for licensure and
276	276	249certification to members of the armed forces of the United States, members of the armed forces
277	277	250of the commonwealth and veterans, and in compliance with national security and state and
278	278	251federal privacy requirements, compile information related to military training and skills,
279	279	252including, but not limited to: (i) course training curricula and syllabi; (ii) levels of military
280	280	253advancement; (iii) professional skill development; and (iv) specific civilian occupational
281	281	254equivalents of military or other occupational specialties. To implement this section, the secretary
282	282	255shall make such information available to the division of occupational licensure, the executive
283	283	256office of public safety and security, the department of public health, the executive office of labor
284	284	257and workforce development, the registry of motor vehicles and any other agency approved by the 13 of 46
285	285	258commissioner. The secretary shall make the information publicly available on the department's
286	286	259website.”
287	287	260 SECTION 6. Chapter 115 is hereby amended by striking out section 3, as amended by
288	288	261section 33 of chapter 144 of the acts of 2022, and inserting in place thereof the following
289	289	262section:-
290	290	263 “Section 3. The mayor of each city, except Boston, shall and the board of selectpersons of
291	291	264each town may appoint a veterans' agent who shall serve for a term of up to 3 years and shall be
292	292	265eligible for reappointment. The veterans' agent may act for the mayor or the board of
293	293	266selectpersons in the disbursement of veterans' benefits by the city or town; provided, however,
294	294	267that in each town that has a part-time veterans' agent, the town clerk shall receive applications
295	295	268and assist claimants for veterans' benefits and shall submit the applications to the veterans' agent.
296	296	269Two or more contiguous towns may, by vote of the selectpersons, appoint one person to serve as
297	297	270veterans' agent for such towns and may apportion the payment of compensation among such
298	298	271towns.
299	299	272 Every veterans' agent shall, from time after the original allowance of any claim for
300	300	273veterans' benefits, make such investigations of the necessities and qualifications of the claimant
301	301	274as to prevent the payment of any such benefits contrary to any provision of this chapter.
302	302	275 Every such agent shall, within three days after their receipt of an application from or in
303	303	276behalf of a civil war veteran, or their surviving spouse, for special care, under the provisions of
304	304	277section two, notify the secretary thereof upon blank forms approved by them; upon their refusal
305	305	278or unreasonable neglect to give such notice, such agent shall be punished by a fine of twenty-five
306	306	279dollars. 14 of 46
307	307	280 Upon the request of any veteran, the veterans' agent for the city or town in which the
308	308	281veteran resides shall record their discharge or release papers, without charge, in books kept by
309	309	282them for that purpose. Said agent shall keep an index of papers so recorded, and copies thereof, if
310	310	283attested by the veterans’ agent, shall be admissible in evidence to the same extent and with the
311	311	284same effect as the originals.
312	312	285 Every agent shall conduct affirmative outreach to residents of the respective city or town
313	313	286for the purpose of informing residents of the availability of and the process for application for
314	314	287benefits under this Chapter and to encourage the submission of applications by residents
315	315	288potentially eligible for such benefits.”
316	316	289 SECTION 7. Chapter 115, as appearing in the 2020 Official Edition, is hereby amended
317	317	290by striking out section 3A and inserting in place thereof the following section:-
318	318	291 “Section 3A. Whenever a veteran shall be required by general or special law to file or
319	319	292exhibit a certificate of discharge from the armed forces of the United States, the filing or
320	320	293exhibition of a photostatic or electronic copy of such discharge shall be deemed sufficient to
321	321	294comply with the requirements of such law.”
322	322	295 SECTION 8. Chapter 115, as appearing in the 2020 Official Edition, is hereby amended
323	323	296by striking out subsection (f) of section 3B and inserting in place thereof the following section:-
324	324	297 “(f) Veterans' benefits and services officers or agents are holders of information under
325	325	298Chapter Sixty-six A and shall not disclose any information transmitted by and between a
326	326	299claimant and a veterans' benefits and services officer or agent or the executive office of veterans
327	327	300services, except as follows: (i) when the disclosure is made with the claimant’s consent; (ii) the
328	328	301disclosure is for the benefit of the claimant and reasonably necessary to assist the claimant; or 15 of 46
329	329	302(iii) under a lawful order to make such disclosure. For the purposes of this subsection,
330	330	303information received by a veterans' benefits and services officer or agent which arises out of and
331	331	304in the course of providing assistance shall include, but not be limited to, communications,
332	332	305reports, records, working papers or memoranda. Any veterans’ agent or their designee or
333	333	306employee of the executive office of veterans services who learns of the improper disclosure of
334	334	307confidential information concerning a claimant shall forthwith notify the secretary in writing.”
335	335	308 SECTION 9. Chapter 115 is hereby amended by striking out section 4, as amended by
336	336	309section 34 of chapter 144 of the acts of 2022, and inserting in place thereof the following
337	337	310section:-
338	338	311 “Every application for veterans' benefits shall be in writing, signed by the claimant under
339	339	312the penalties of perjury, and shall contain a statement of the name, age and residence of the
340	340	313claimant and their relationship to the veteran upon whose service their application is based, such
341	341	314information as the secretary may require relative to the commencement, duration, extent and
342	342	315termination of such veteran's service, and such other representations, concerning the needs of the
343	343	316claimant and their reasons for applying for such benefits, as the secretary may require. Claimants
344	344	317shall have the opportunity to submit documents online. Every such application shall be filed with
345	345	318the veterans' agent for the city or town from which such benefits are sought, and such agent shall
346	346	319forthwith transmit the same to the secretary.
347	347	320 Veterans’ agents shall accept applications for veterans’ benefits submitted through a
348	348	321common application portal for state-administered needs-based benefits and services and, upon
349	349	322receipt of such an application, shall treat the application as if it were filed directly with the
350	350	323veterans’ agent. The date of application for veterans benefits through the common application 16 of 46
351	351	324portal shall be considered the date of application for purposes of payment of veterans’ benefits
352	352	325under this chapter.
353	353	326 Veterans agents shall complete applications authorized by the department of public
354	354	327welfare for any veteran, surviving spouse, and dependent applying for veterans benefits or for
355	355	328medical assistance under chapter one hundred and eighteen E if agreed to by a claimant. The
356	356	329veterans agent shall file the application for the claimant if the claimant selects assistance under
357	357	330said chapter one hundred and eighteen E. The application shall be processed through the said
358	358	331department. Said claimant shall be duly advised of their entitlement to veterans benefits and
359	359	332other benefits from public assistance.”
360	360	333 SECTION 10. Chapter 115 is hereby amended by striking out section 5, as amended by
361	361	334section 35 and section 36 of chapter 144 of the acts of 2022, and inserting in place thereof the
362	362	335following section:-
363	363	336 “Section 5. Veterans' benefits shall be paid to a veteran or dependent by the city or town
364	364	337wherein he they resides; provided, that no benefits shall be paid to a claimant unless they have
365	365	338actually resided within the commonwealth for 1 day preceding the date of their application for
366	366	339such benefits.
367	367	340 Veterans' benefits shall not be subject to trustee process, and no assignment thereof shall
368	368	341be valid. Only such amount shall be paid to or for any veteran or dependent as may be necessary
369	369	342to afford them sufficient relief or support and such benefits shall not be paid to any person who is
370	370	343able to support themselves or who is in receipt of income from any source sufficient for their
371	371	344support. The claimant's receipt of income from any source in an amount insufficient for their
372	372	345support shall not bar them from receiving veterans' benefits to supplement the same, if 17 of 46
373	373	346determined necessary by the secretary. No payment of benefits shall be made for any period of
374	374	347time prior to the date of application; provided, however, that the secretary, on recommendation
375	375	348of the veterans' agent of the city or town paying the benefits, may authorize the payment of
376	376	349benefits for not more than sixty days prior to the date of the application if the necessity therefor
377	377	350has been caused by serious accident or illness to the claimant or to one or more dependents of the
378	378	351veteran upon whose service the application is made. Claimants shall have the option to receive
379	379	352said payments by direct deposit with written authorization of said claimant to a financial
380	380	353institution of the claimant’s choice.
381	381	354 No veteran who is or shall otherwise be entitled to veterans' benefits shall lose their right
382	382	355thereto by reason of their absence from the commonwealth while receiving hospital treatment at
383	383	356any hospital located outside the commonwealth, nor shall the right of their dependents thereto be
384	384	357lost while they are actually receiving such hospital treatment by reason of their absence from the
385	385	358commonwealth to accompany them.
386	386	359 No veteran or dependent shall be compelled to receive veterans' benefits without their
387	387	360consent. Benefits shall be paid in a manner consistent with the dignity and needs of the recipient,
388	388	361which may include payments by mail, direct deposit, or other electronic means approved by the
389	389	362secretary. The veterans’ agent shall periodically inquire as to the manner in which a recipient
390	390	363wishes to receive benefits, and benefits may be paid in person only if the recipient so elects.
391	391	364 When a recipient receives benefits to which they are not entitled due to an intentional act
392	392	365or omission by the recipient, they may be charged an overpayment, however no overpayment
393	393	366shall be charged if the payment of excess benefits is due to an error by either the secretary or the
394	394	367veterans’ agent or their designee. A recipient’s overpayment shall not affect the eligibility for 18 of 46
395	395	368benefits of another person who does not live in the same household. The veterans’ agent shall
396	396	369provide the recipient with written notice of the amount and origin of the overpayment and of the
397	397	370right to request waiver or adjustment of the overpayment in accordance with a form and
398	398	371procedures established by the secretary. Waivers shall be granted when collection of the
399	399	372overpayment would defeat the purposes of this section or violate equity and good conscience.
400	400	373There shall be a presumption in favor of waiving de minimis overpayments that do not exceed
401	401	374the amount of one month of benefits the recipient would otherwise receive. When an
402	402	375overpayment is created by the payment of benefits pending appeal to a recipient who timely
403	403	376appeals a termination or reduction of benefits, the overpayment shall be limited to the amount
404	404	377that had accrued prior to the filing of the appeal and for ninety days thereafter. The denial of a
405	405	378waiver or adjustment shall be subject to the same notice and appeal procedures as a denial of
406	406	379benefits, including the payment of benefits pending appeal. No otherwise eligible veteran or
407	407	380dependent shall be wholly disqualified from the future receipt of benefits on the basis that the
408	408	381veteran or dependent has been charged with an overpayment. When a veteran or dependent has
409	409	382been charged with an overpayment, and a waiver or adjustment of the overpayment is not
410	410	383applicable, the veteran or dependent may repay the overpayment by recovery from future
411	411	384benefits, or by another method agreed upon by the veteran or dependent and the veterans’ agent
412	412	385and approved by the commissioner. Any recovery of an overpayment for a veteran or dependent
413	413	386currently eligible for benefits shall be limited in amount in any month to the lesser of (1) the
414	414	387amount of the individual's benefit payment for that month or (2) an amount equal to 10 percent
415	415	388of the individual's total countable income for that month. No municipality may recover an
416	416	389amount exceeding the unreimbursed portion of overpaid benefits the municipality actually paid
417	417	390to a veteran or dependent. 19 of 46
418	418	391 The veterans' agent or the secretary may require a person to whom veterans' benefits are
419	419	392granted to reimburse the city or town for veterans’ benefits paid for the same months in which a
420	420	393claimant is found to be eligible for benefits from the United States Department of Veterans
421	421	394Affairs, the Social Security Administration, or another state or federal agency. In the event that
422	422	395the necessity for the granting of veterans' benefits to any veteran or any dependent of a veteran is
423	423	396caused by unemployment, accident or illness of or to such veteran or dependent and monetary
424	424	397remuneration is provided therefor whether by workers' compensation, accident or health
425	425	398insurance, or otherwise, or by legal responsibility of a tortfeasor liable for financial damages to
426	426	399such veteran or dependent therefor, the veterans' agent or the secretary may require such veteran
427	427	400or dependent to assign to the city or town a portion of the financial proceeds to be realized from
428	428	401such workers' compensation, accident or health insurance, or otherwise, or any portion of the
429	429	402financial damages to be recovered from such tortfeasor whether by settlement, arbitration, court
430	430	403action, or otherwise. Such assignment shall operate as a lien on such financial proceeds or
431	431	404financial damages to an amount equivalent to the total expenditures of veterans' benefits allowed
432	432	405to such veteran or dependent by the city or town, and said lien may be enforced by petition to the
433	433	406district court within the jurisdiction of which the city or town of payment is located. No city or
434	434	407town shall collect amounts from a recipient in excess of the unreimbursed expenditures actually
435	435	408made by the municipality.
436	436	409 Nothing in this chapter shall be deemed to prohibit the granting of veterans' benefits by a
437	437	410city or town in excess of the amount authorized or approved by the secretary in any particular
438	438	411case, or the paying of such benefits as may be necessary to meet the emergency needs of any
439	439	412claimant prior to the date of the approval by the secretary of the payment of benefits under any 20 of 46
440	440	413such application if the veterans' agent making such grant or payment forthwith furnishes the
441	441	414secretary with a written statement of their reasons for taking such action.
442	442	415 All benefits available to dependents of veterans as provided by this chapter shall be
443	443	416extended to the parent of any member of the armed forces of the United States whose death
444	444	417occurred as the result of injury sustained or disease contracted during active service in time of
445	445	418war or insurrection, including active service in the said armed forces under the flag of the United
446	446	419Nations; provided, that such a parent qualifies in their own right as to the requirements of
447	447	420residence notwithstanding the failure of the deceased veteran to so qualify at the time of their
448	448	421death and notwithstanding lack of proof of the actual dependency of such a mother parent upon
449	449	422such a veteran at the time of their death. Such benefits shall include payment of reasonable
450	450	423medical and hospital expenses in accordance with regulations adopted by the secretary and
451	451	424directives issued and promulgated by them; provided, that no back benefits shall be paid beyond
452	452	425the date of application.
453	453	426 Effective July first of every year, subject to appropriation and at the direction of the
454	454	427secretary, cities and towns shall increase the basic budget of each eligible recipient, before taking
455	455	428into consideration any available income, by a percentage amount equal to the percentage rise in
456	456	429the United States Consumer Price Index for January first of that year over the level of said index
457	457	430for January first of the previous year plus such additional percentage amount as is recommended
458	458	431annually by the secretary and appropriated by the general court. Such adjustments in accordance
459	459	432with the percentage rise in the Consumer Price Index shall apply to any benefit payable under
460	460	433this chapter or any offset thereof. 21 of 46
461	461	434 The benefits provided herein shall include an amount for fuel in the winter months for
462	462	435eligible veterans and dependents if they pay their own heating costs.”
463	463	436 SECTION 11. Chapter 115 is hereby amended by striking out section 5A, as amended by
464	464	437section 37 of chapter 144 of the acts of 2022, and inserting in place thereof the following
465	465	438section:-
466	466	439 “Section 5A. In every case where the claimant for or a recipient of benefits under this
467	467	440chapter is a dependent parent, as defined in section one, with an interest in one or more parcels of
468	468	441real estate and the fair market value of such interest is more than fifteen hundred dollars, an
469	469	442instrument signed and acknowledged by the veterans' agent of the town granting such benefits
470	470	443and giving notice of a lien upon each such parcel for all benefits granted and to be granted under
471	471	444this chapter by such town to such parent, who shall be named therein, shall, not earlier than three
472	472	445days, Saturdays, Sundays and legal holidays excluded, after a like instrument has been sent by
473	473	446certified mail to such parent, be recorded in the records of the county, or of the district, if such
474	474	447county is divided into districts, where each parcel lies, without the payment of any fee for such
475	475	448recording. Every such instrument shall contain a description sufficient to identify each parcel of
476	476	449real estate subject to the lien, and upon recording shall create a lien upon so much of such
477	477	450parent's interest as has a fair market value in excess of fifteen hundred dollars, which lien shall
478	478	451be superior to any deed, mortgage, lien or other encumbrance thereafter recorded. Whenever
479	479	452such lien is satisfied or is ordered discharged as hereinafter provided, an instrument signed and
480	480	453acknowledged by such veterans' agent and reciting such fact shall be given; and upon the
481	481	454recording of such instrument, such lien shall be dissolved. 22 of 46
482	482	455 Such lien shall be enforceable in the superior court for the county where any parcel of the
483	483	456real estate lies by a petition in equity brought by the veterans' agent against all persons appearing
484	484	457of record to be interested in the real estate subject to such lien, whether as equity owners,
485	485	458mortgagees, lienors, attaching creditors or otherwise. Such petition shall allege the amount
486	486	459claimed under such lien and incorporate a certified copy of the recorded instrument creating such
487	487	460lien. At any time before final decree, the court, of its own motion or upon the suggestion of any
488	488	461party, may issue a precept to any other person appearing to have an interest, directing them to
489	489	462appear on or before a specified day or be forever barred from redeeming from such lien.
490	490	463Proceeds realized through any such enforcement shall be apportioned between the
491	491	464commonwealth and the town granting the benefits in proportion to the amount of their respective
492	492	465contributions thereto, but in no case for more than the amount contributed, without interest. No
493	493	466lien under this section shall be enforceable until after the death of both parents, and then only
494	494	467when written permission has been obtained from the secretary, who, in their discretion, may, if
495	495	468undue hardship might be caused by enforcement, waive enforcement in whole or in part, and
496	496	469order a discharge to the extent waived. If the veterans' agent neglects or refuses promptly to refer
497	497	470the enforcement of a lien under this section to the secretary for their approval, or to bring a
498	498	471petition within the period specified by the secretary, the secretary shall thereupon bring the
499	499	472petition in their own name; and in such event, all proceeds shall be retained by the
500	500	473commonwealth.
501	501	474 A veterans' agent, subject to the prior approval of the secretary, may by an agreement in
502	502	475writing, consent to subordinate any such lien to a mortgage, if in the opinion of the secretary
503	503	476such mortgage is required for necessary repairs to the real estate subject to such lien. 23 of 46
504	504	477 Such lien shall be dissolved and be unenforceable upon the expiration of twenty years
505	505	478from the date of the recording in the register of deeds of the county wherein said real estate lies.
506	506	479 Any conveyance of real estate by a parent within two years before an application for
507	507	480veterans' benefits, unless for fair market value, shall be deemed to be in avoidance of the
508	508	481provisions of this section and shall make such mother or father ineligible to receive veterans'
509	509	482benefits.
510	510	483 The provisions of this section shall not be applicable if the claimant for or the recipient of
511	511	484veterans' benefits is the dependent parent of a person who while in the armed forces of the
512	512	485United States was killed in action or died from service-connected disability.”
513	513	486 SECTION 12. Chapter 115 is hereby amended by striking out section 6, as amended by
514	514	487section 38 of chapter 144 of the acts of 2022, and inserting in place thereof the following
515	515	488section:-
516	516	489 “Section 6. The amounts expended by any city or town for veterans' benefits, the names
517	517	490of recipients thereof, the amounts paid to or for each claimant, the reasons for granting them such
518	518	491benefits, the names of the veterans on account of whose service the benefits were granted, the
519	519	492names, if any, of the companies, regiments, stations, organizations or vessels in which they
520	520	493respectively enlisted, or to which they were appointed, and in which they last served, and the
521	521	494relationship of each dependent to the veteran on account of whose service the benefits were
522	522	495granted, and such other details as the secretary may require, shall, within thirty days following
523	523	496the month in which such expenditures were made, be certified to said secretary on blank forms
524	524	497provided by the secretary, in a manner approved by them, and under the penalties of perjury, by
525	525	498the veterans' agent and treasurer of such city or town. The secretary shall examine such 24 of 46
526	526	499certificates, shall allow and endorse thereon such amounts as they find have been paid and
527	527	500reported in accordance with the provisions of this chapter, and shall transmit the certificates to
528	528	501the comptroller. The secretary may decide upon the necessity of the amount paid in each case,
529	529	502and may allow any part thereof which they deem proper and lawful. Subject to such decision and
530	530	503allowance, seventy-five per cent of the amounts of veterans' benefits paid to claimants by the
531	531	504cities and towns wherein they reside, but none of the expenses attending the payment of such
532	532	505benefits, shall be paid by the commonwealth to the several cities and towns on or before
533	533	506November tenth in the year after such expenditures. The commonwealth shall make payments to
534	534	507cities and towns equal to 100 per cent of the amount of benefits paid by cities and towns to or on
535	535	508behalf of recipients living in permanent housing located on real property owned by the federal
536	536	509government or living in institutions or transitional housing, as defined in 108 CMR 2.02, if such
537	537	510housing is located on real property owned by the federal government; provided, however, that
538	538	511such payments shall be made to the city or town in which the recipient resides only for 48
539	539	512months of residence; provided further, that such payments shall not be made for a recipient who
540	540	513has resided elsewhere in the city or town for the 6 consecutive months immediately preceding
541	541	514the recipient's move into such housing.”
542	542	515 SECTION 13. Chapter 115, as appearing in the 2020 Official Edition, is hereby amended
543	543	516by striking out section 6A, and inserting in place thereof the following section:-
544	544	517 “Section 6A. To be eligible for an annuity under sections 6B and 6C, the claimant must
545	545	518be a resident of the commonwealth.”
546	546	519 SECTION 14. Chapter 115, as appearing in the 2020 Official Edition, is hereby amended
547	547	520by striking out section 6B, and inserting in place thereof the following section:- 25 of 46
548	548	521 “Section 6B. In addition to any other aid to which a person is entitled under this Chapter,
549	549	522a person who, according to the records of the United States Department of Veterans Affairs has
550	550	523suffered permanent impairment of vision of both eyes of the following status: central visual
551	551	524acuity of 5/200 or less in the better eye, with corrective glasses, or central visual acuity of more
552	552	525than 5/200 if there is a field defect in which the peripheral field has contracted to such an extent
553	553	526that the widest diameter of visual field subtends an angular distance no greater than twenty
554	554	527degrees in the better eye,; a person who is suffering from paraplegia and has permanent paralysis
555	555	528of both legs and lower parts of the body, resulting from traumatic injury to the spinal cord or
556	556	529brain, sustained through enemy action, or any service related incident while serving in any
557	557	530branch of the armed forces of the United States; a person who has permanent paralysis of both
558	558	531legs and lower parts of the body, resulting from malaria, anemia, other forms of disease, tumors
559	559	532or poisoning which may produce signs and symptoms similar to those resulting from traumatic
560	560	533paraplegia; who has lost both legs; or who is otherwise determined to be 100 per cent disabled or
561	561	534eligible for Total Disability based on Individual Unemployability by the Department of Veterans
562	562	535Affairs and who is certified by said Department of Veterans Affairs to be service-connected shall
563	563	536be paid so long as such condition exists, the sum of $2,000 annually in two equal payments on
564	564	537August 1 and February 1. Such sum shall be adjusted annually in accordance with the percentage
565	565	538rise in the Consumer Price Index. Such payments shall be due and payable from the date of his
566	566	539application.
567	567	540 The parents and surviving spouse, provided that surviving spouse does not remarry, of a
568	568	541deceased member of the armed forces of the United States, whose death occurred as a result of
569	569	542injury sustained or disease contracted during active service in time of war or insurrection or
570	570	543combat, shall be paid the sum of $2,000 annually in two equal payments on August 1 and 26 of 46
571	571	544February 1. Such payments shall be due and payable from the date of the parents' and surviving
572	572	545spouse's application; provided, however, that the first payment shall be retroactive to the
573	573	546applicant's initial date of eligibility if the deceased member or the parent or spouse making
574	574	547application was a resident of the commonwealth at the time of death and the parent or spouse
575	575	548making application is a resident of the commonwealth at the time of application. For the
576	576	549purposes of calculating any retroactive payment of benefits under this section, the initial date of
577	577	550eligibility shall be the later of: (i) the date of death of the member of the armed forces of the
578	578	551United States; or (ii) July 1, 1998, in the case of parents and November 11, 2005, in the case of a
579	579	552spouse.
580	580	553 Notwithstanding any general or special law to the contrary, an annuity payment made to a
581	581	554recipient pursuant to this section shall not constitute income in an application or formula utilized
582	582	555by the commonwealth or a political subdivision to determine eligibility for a program or service
583	583	556funded or provided by the commonwealth. Notwithstanding the foregoing, such an annuity
584	584	557payment may constitute income if not doing so would, under federal law, prohibit eligibility or
585	585	558otherwise negatively impact the recipient's benefits under the program or service; provided,
586	586	559however, that the commonwealth or a political subdivision thereof shall seek a waiver from any
587	587	560federal law with such an eligibility requirement.”
588	588	561 SECTION 15. Chapter 115 is hereby amended by striking out section 6C, as amended by
589	589	562section 39 of chapter 144 of the acts of 2022, and inserting in place thereof the following
590	590	563section:-
591	591	564 “Section 6C. Evidence of the service and disability mentioned in sections six A and six B
592	592	565shall be furnished to the secretary of veterans' services who shall examine the same and upon 27 of 46
593	593	566being satisfied that the service was performed and the Department of Veterans Affairs certifies
594	594	567the claimant has been rendered blind, or permanently paralyzed, 100 percent service-connected
595	595	568disabled, or awarded Total Disability based on Individual Unemployability as defined in section
596	596	569six B shall so certify to the comptroller, whereupon said annuity shall be paid by the
597	597	570commonwealth, subject to appropriation, from the veterans' services fund.”
598	598	571 SECTION 16. Chapter 115 is hereby amended by striking out section 7, as amended by
599	599	572section 40 of chapter 144 of the acts of 2022, and inserting in place thereof the following
600	600	573section:-
601	601	574 “Section 7. In each city, except Boston, and in each town, the veterans' agent shall be the
602	602	575burial agent; and in Boston, the soldiers' relief commission shall designate a burial agent who
603	603	576shall be a veteran. They shall, under regulations established by the secretary, cause properly to be
604	604	577interred the body of any veteran or adult dependent who dies without sufficient means to defray
605	605	578funeral expenses, and the body of any dependent child of a veteran if such veteran and their
606	606	579spouse or surviving spouse, be without sufficient means to defray funeral expenses. If interment
607	607	580of any such body has taken place without the knowledge of the burial agent, application may be
608	608	581made to them within 60 days after the date of death, or after final interment, if the veteran dies in
609	609	582the service, and if upon investigation they shall find that the deceased was within the provisions
610	610	583of this section and the rules of the secretary, they may certify the same as provided in section
611	611	584eight. The provisions of this section shall not apply to any person who at the time of entering the
612	612	585federal service was a subject or citizen of a neutral country, who had filed their intention to
613	613	586become a citizen of the United States and who afterward withdrew such intention under the act
614	614	587of congress approved July ninth, nineteen hundred and eighteen, nor to any person designated
615	615	588upon their discharge as a conscientious objector. The provisions of this section shall also apply to 28 of 46
616	616	589any person who served as a state guardsman in the military service of the commonwealth
617	617	590between April fifth, nineteen hundred and seventeen, and December twenty-first, nineteen
618	618	591hundred and nineteen, or served in the state guard established during World War II, and was
619	619	592honorably discharged from such service and dies without sufficient means to defray funeral
620	620	593expenses, but shall not apply to any adult dependent or dependent child of such person.”
621	621	594 SECTION 17. Chapter 115 is hereby amended by striking out section 9, as amended by
622	622	595section 42 of chapter 144 of the acts of 2022, and inserting in place thereof the following
623	623	596section:-
624	624	597 “Section 9. The mayor of every city and the selectpersons of every town shall appoint a
625	625	598resident of such city or town who shall be a veteran as defined in clause Forty-third of section
626	626	599seven of chapter four, as a veterans' graves officer, for a term to be determined by the appointing
627	627	600authority; provided, however, that said term shall not exceed five years. It shall be the duty of
628	628	601such veterans' graves officer to cause every veteran's grave within such city or town to be
629	629	602suitably kept and cared for. Such care shall include the clearing of weeds and other unseemly
630	630	603growth from said graves; the repairing, replacement and general up-keep of fences around said
631	631	604graves; the raising and repairing of sunken gravestones and markers and other similar services
632	632	605that may be necessary to restore and maintain such graves and their surroundings in an orderly
633	633	606condition. If the cost of such care and maintenance is not paid by private persons, or by the
634	634	607trustees of the cemeteries where any such grave is situated, it shall be paid by the city or town;
635	635	608and cities and towns may appropriate money therefor. Money so appropriated may be expended
636	636	609directly by the city or town or paid over to the trustees or manager of any cemetery where any
637	637	610such grave is situated; but the sum so paid over in any year shall not exceed for each grave the
638	638	611sum charged for the annual care and maintenance of like lots in the same cemetery, or, if no such 29 of 46
639	639	612charge is made in that cemetery, it shall not exceed the sum charged in other cemeteries in the
640	640	613same city or town for like services. In cities and towns where there are cemeteries containing the
641	641	614remains of deceased veterans, such cities and towns shall cause to be placed on such veterans'
642	642	615graves a flag of the United States on every Memorial day. Upon the approval of the secretary,
643	643	616compensation for 75 per cent of the cost of such flags, but none of the expenses attending the
644	644	617placement of such flags shall be paid by the commonwealth to the several cities and towns on or
645	645	618before November 10 in the year after such expenditures. In cities and towns where there are
646	646	619cemeteries with mausoleums containing the remains of deceased veterans, each such city or town
647	647	620shall cause to be placed on each mausoleum a suitable plaque with the names of all deceased
648	648	621veterans contained therein, and a flag of the United States shall be suitably placed at each
649	649	622mausoleum on every Memorial day.”
650	650	623 SECTION 18. Chapter 115, as appearing in the 2020 Official Edition, is hereby amended
651	651	624by striking out section 10, and inserting in place thereof the following section:-
652	652	625 “Section 10. The mayors of cities and the selectpersons of towns, other than cities and
653	653	626towns which become part of a district as authorized by the second paragraph of this section, shall
654	654	627cause to be established and maintained in their respective cities and towns a department for the
655	655	628purpose of furnishing such information, advice and assistance to veterans and their dependents as
656	656	629may be necessary to enable them to procure the benefits to which they are or may be entitled
657	657	630relative to employment, vocational or other educational opportunities, hospitalization, medical
658	658	631care, pensions, and other veterans' benefits. Each department so established and maintained shall
659	659	632be known as the department of veterans' services, and the officer in charge thereof shall be
660	660	633known as the director of veterans' services. Such director and any assistant or deputy director 30 of 46
661	661	634appointed under this section or section eleven shall be a veteran and shall be appointed in a city
662	662	635by the mayor, with the approval of the city council, and in a town by the selectpersons.
663	663	636 Two or more adjoining towns, or two or more adjoining municipalities only one of which
664	664	637is a city, may, in a city by vote of the city council thereof, and in a town by vote of the
665	665	638selectpersons thereof, form a district for the purposes set forth in the first paragraph of this
666	666	639section, including the appointment and compensation of a director of veterans' services, for the
667	667	640enforcement therein of such purposes and of such other provisions of law as it may be their duty
668	668	641to enforce. Any constituent city or town by vote may withdraw from the district at the end of any
669	669	642fiscal year of such city or town if such withdrawal is voted in the manner aforesaid not less than
670	670	643sixty days prior to the end of such fiscal year and notice of such vote is filed with the other
671	671	644municipalities comprising the district.
672	672	645 The director of veterans' services of each district established under authority of the
673	673	646preceding paragraph shall, under the direction of the district board referred to in section eleven,
674	674	647perform the duties of their office in each of the municipalities comprising their district.
675	675	648 The treasurer of one of the municipalities comprising such district, designated by the
676	676	649district board thereof, shall be treasurer of the district and shall give to the district a bond, with a
677	677	650surety company authorized to transact business in the commonwealth as surety, for the faithful
678	678	651performance of their duties as treasurer of the district in such sum and upon such conditions as
679	679	652said district board may require. The district treasurer shall disburse the money received under the
680	680	653provisions of section eleven upon warrants approved by the district board.”
681	681	654 SECTION 19. Chapter 115, as appearing in the 2020 Official Edition, is hereby amended
682	682	655by striking out section 11, and inserting in place thereof the following section:- 31 of 46
683	683	656 “Section 11. In every district established under authority of section ten there shall be a
684	684	657board composed of the mayor or their designee of such city, if any, as may be included in the
685	685	658district and the chairman of the board of selectpersons or its designee of each of the towns, if
686	686	659any, included in said district and the town manager or their designee in a municipality with a
687	687	660town council form of government, if any, included in said district. Said board shall appoint, fix
688	688	661the compensation of, and may remove the director of veterans services of said district. Said
689	689	662board may appoint, fix the salary of, and remove, a deputy or assistant to such director, if in the
690	690	663opinion of said board such an officer is necessary.
691	691	664 Said board may determine the expenses of said director and deputy or assistant and of the
692	692	665department under the charge of said director, and may apportion said expenses among the several
693	693	666municipalities comprising such district on the basis of the taxable valuation of said
694	694	667municipalities as last established by the general court as a basis of apportionment for state and
695	695	668county taxes, or on the basis of the population of each municipality in such district based on the
696	696	669most recent federal census, or by any other means determined by a unanimous vote of said board
697	697	670to be fair and equitable to each community. Said board shall promptly thereafter notify the
698	698	671treasurers of said municipalities of such apportionment. Every city or town treasurer so notified
699	699	672shall, annually in December, certify the amount of such apportionment to the board of assessors
700	700	673of their municipality, who shall include such amount in the tax levy of the following year.
701	701	674 Upon order of the district board the city or town treasurer of each of the constituent
702	702	675members of the district shall from time to time pay to the district treasurer a sum or sums not
703	703	676exceeding, in the aggregate, the amount certified by the board as its respective share of the costs
704	704	677and expenses of the district. In case a city or town becomes a member of a district at a time when
705	705	678it is too late to permit an assessment as provided by sections ten to fourteen, inclusive, such city 32 of 46
706	706	679or town may appropriate and pay to the district treasurer an amount representing its proportionate
707	707	680share of the expense of the district for the period ending December thirty-first in the year in
708	708	681which such city or town becomes a member of the district.”
709	709	682 SECTION 20. Chapter 115 is hereby amended by striking out section 12, as amended by
710	710	683section 43 of chapter 144 of the acts of 2022, and inserting in place thereof the following
711	711	684section:-
712	712	685 “Section 12. In each city, and in each town not included in a district established under
713	713	686section ten, and in each such district, there may be in the department of veterans' services an
714	714	687unpaid advisory board to be appointed, in cities by the mayor, in towns by the board of
715	715	688selectpersons, and in districts by the district board. Said advisory board shall render such
716	716	689assistance to the director of veterans' services of the municipality or district relative to the
717	717	690provisions of this chapter, except as to sections one to nine, inclusive, as said director may
718	718	691request. The secretary is hereby authorized and directed to formulate and publish rules and
719	719	692regulations establishing in a general manner the types of persons, with respect to their
720	720	693occupations, professions and special skills, who may be appointed to such unpaid advisory
721	721	694boards. Every such advisory board shall consist of not less than five nor more than fifteen
722	722	695residents of the city, town or district, as the case may be.”
723	723	696 SECTION 21. Chapter 115, as appearing in the 2020 Official Edition, is hereby amended
724	724	697by striking out section 13, and inserting in place thereof the following section:-
725	725	698 “Section 13. Said departments shall acquire and have on hand copies of current booklets
726	726	699and other printed matter pertaining to the statutory rights of veterans provided under state and
727	727	700federal laws. They may call at any time upon any department, board, division or commission of 33 of 46
728	728	701the commonwealth for such assistance as may be necessary in carrying out their functions. They
729	729	702shall also work in close coordination with existing federal agencies established for the aid of
730	730	703such veterans, and they shall enlist the support of hospitals within their respective communities
731	731	704or districts for carrying out the purposes of sections ten to fourteen, inclusive.
732	732	705 Said departments shall coordinate with the department of transitional assistance to
733	733	706identify and contact all known veterans receiving public safety net benefits residing in
734	734	707Massachusetts who may be eligible for Chapter 115 benefits. They shall also publish online
735	735	708subregulatory guidance and application forms and make publicly available issue notices of action
736	736	709and public information that outlines budgeting and benefit calculations. They shall also accept
737	737	710applications for veterans’ benefits submitted through a common application portal for state-
738	738	711administered needs-based benefits and services and, upon receipt of such an application, shall
739	739	712treat the application as if it were filed directly with the veterans’ agent.”
740	740	713 SECTION 22. Chapter 115, as appearing in the 2020 Official Edition, is hereby amended
741	741	714by striking out section 15, and inserting in place thereof the following section:-
742	742	715 “Section 15. The director of accounts in the department of corporations and taxation shall
743	743	716cause an audit to be made annually of the accounts of all districts organized under the authority
744	744	717of section ten and for such purpose they, and their duly accredited agents, shall have access to all
745	745	718necessary papers, books and records. The expenses incurred for said audits shall be paid
746	746	719primarily by the commonwealth. Said director shall apportion the cost of each audit among the
747	747	720several municipalities comprising the district on the basis of the taxable valuation of said
748	748	721municipalities as last established by the general court for state and county taxes, and submit the
749	749	722amounts of each apportionment to the state treasurer, who shall issue their warrant requiring the 34 of 46
750	750	723assessors of the cities and towns which comprise the district to assess a tax to the amount so
751	751	724apportioned, and such amount shall be collected and paid to the state treasurer as provided by
752	752	725section twenty of chapter fifty-nine.”
753	753	726 SECTION 23. Chapter 115 is hereby amended by striking out section 16, as amended by
754	754	727section 53 of chapter 126 of the acts of 2022, and inserting in place thereof the following
755	755	728section:-
756	756	729 “Section 16. (a) There shall be a veterans equality review board to ensure persons who
757	757	730received a discharge that would otherwise disqualify them from receiving benefits under this
758	758	731Chapter under 10 U.S.C. 654, also known as the Don't Ask, Don't Tell policy, or any other
759	759	732policy, on the basis of sexual orientation, gender identity or gender expression, receive state-
760	760	733based veteran benefits. The board shall consist of: 3 members appointed by the secretary of
761	761	734veterans' services, 1 of whom shall represent the interests of the LGBTQ veteran community;
762	762	735and 2 members appointed by the governor. All members shall, by education or experience, be
763	763	736knowledgeable of veterans benefits and programs and have demonstrated interest in veteran
764	764	737affairs. A majority of the members shall be veterans. Members shall serve for 5 years. The
765	765	738members shall vote to select a chair. If a vacancy occurs, it shall be filled for the balance of the
766	766	739unexpired term in the same manner as the original appointment. A majority of the appointed and
767	767	740serving members of the board shall constitute a quorum of the board for the transaction of
768	768	741business. An action of the board shall be approved by a majority vote of the members present at
769	769	742a meeting where a quorum is present. The members of the board shall serve without
770	770	743compensation. 35 of 46
771	771	744 (b) The board shall meet as often as deemed necessary by the chair based on the number
772	772	745of applications pending before the board. The board shall review each application submitted
773	773	746under this section and render a recommendation to the secretary of veterans' services as to
774	774	747whether the claimant’s sexual orientation, gender identity or gender expression was more likely
775	775	748than not the primary basis for the claimant receiving a discharge that would otherwise disqualify
776	776	749them from receiving benefits under this Chapter. The board shall complete review of each
777	777	750application not later than 30 days after receipt and render a written recommendation to the
778	778	751secretary not later than 30 days after completion of such review.
779	779	752 (c) A person or the dependent of such person who received a discharge that would
780	780	753otherwise disqualify them from receiving benefits under this Chapter and who believes such
781	781	754discharge characterization was based on the veteran's sexual orientation, gender identity or
782	782	755gender expression may file an application for state-based veteran benefits. The claimant may
783	783	756include evidence supporting the claimant's claim that such discharge characterization was based
784	784	757on the veteran's sexual orientation, gender identity or gender expression.
785	785	758 (d) The department of veterans' services shall create a standardized application form
786	786	759enumerating the required documentation necessary for filing an application under this section
787	787	760and shall make such form available on the department of veterans' services website along with
788	788	761filing instructions.
789	789	762 (e) The secretary shall issue a written decision not later than 10 days after receipt of the
790	790	763board's recommendation, approving or denying the application. If the secretary approves the
791	791	764application, the claimant shall be eligible for state-based veteran benefits. If the secretary denies 36 of 46
792	792	765the application, the claimant may file a request for reconsideration, including additional
793	793	766documentation for the application, not later than 30 days after receipt of the secretary's decision.
794	794	767 (g) The department, board of registration in medicine and board of registration in
795	795	768pharmacy shall independently adopt regulations to implement this section.”
796	796	769 SECTION 24. Chapter 115 is hereby amended by striking out section 16, as amended by
797	797	770section 18 of chapter 154 of the acts of 2022, and inserting in place thereof the following
798	798	771section:-
799	799	772 Section 16. (a) The secretary, in consultation with the commissioner of public health and
800	800	773the adjutant general of the Massachusetts national guard, shall contact all members of the
801	801	774Massachusetts national guard and all known veterans and members of the United States armed
802	802	775forces residing in the commonwealth who may be eligible to participate in the United States
803	803	776Department of Veterans Affairs' Airborne Hazards and Open Burn Pit Registry, including, but
804	804	777not limited, those who may have served in: (i) Operation Enduring Freedom, Operation Iraqi
805	805	778Freedom or Operation New Dawn; (ii) Djibouti, Africa on or after September 11, 2001; (iii)
806	806	779Afghanistan on or after September 11, 2001; (iv) Operation Desert Shield or Operation Desert
807	807	780Storm; or (v) in the Southwest Asia theater of operations on or after August 2, 1990. Veterans or
808	808	781service members contacted shall be encouraged to join the United States Department of Veterans
809	809	782Affairs' Airborne Hazards and Open Burn Pit Registry and shall be provided with contact
810	810	783information for the United States Department of Veterans Affairs' Airborne Hazards and Open
811	811	784Burn Pit Registry and a copy of the informational pamphlet created by the commissioner of
812	812	785public health pursuant to subsection (b) of section 244 of chapter 111. 37 of 46
813	813	786 (b) The secretary shall create a database of self-identifying service members and veterans
814	814	787who have been exposed to open burn pits or other airborne hazards, which shall include the
815	815	788name, address, electronic address, phone number, location and period of service and other
816	816	789information as deemed necessary. Such information shall be used only for the purposes of
817	817	790communicating information about exposure to toxic airborne chemicals and fumes caused by
818	818	791open burn pits or other airborne hazards to service members and veterans. The database,
819	819	792materials or other information shall be confidential and privileged, shall not be subject to chapter
820	820	79366, or clause Twenty-sixth of section 7 of chapter 4 and shall not be subject to subpoena,
821	821	794discovery or introduction into evidence in any private civil action.”
822	822	795 SECTION 25. Chapter 115A is hereby amended by striking out section 1, as amended by
823	823	796section 45 of chapter 144 of the acts of 2022, and inserting in place thereof the following
824	824	797section:-
825	825	798 “Section 1. Any person who (a) is a veteran as defined in clause Forty-third of section
826	826	799seven of chapter four, or (b) meets all the requirements of said clause Forty-third, except that
827	827	800instead of performing wartime service as so defined, has performed not less than ninety days'
828	828	801active service in any of the campaigns or expeditions enumerated in section two, shall be entitled
829	829	802to domiciliary services at, out-patient treatment at, admission to, and hospitalization in a state-
830	830	803operated veterans' home. A person receiving such services is a “resident” within the meaning of
831	831	804this chapter.”
832	832	805 SECTION 26. Chapter 115A is hereby amended by striking out section 3. 38 of 46
833	833	806 SECTION 27. Chapter 115A is hereby amended by striking out section 4, as amended by
834	834	807section 46 through 48 of chapter 144 of the acts of 2022, and inserting in place thereof the
835	835	808following section:-
836	836	809 “Section 4. Any person who was recruited in the United States and who served in the
837	837	810military service of Poland while said country was allied with the United States in World War I,
838	838	811between October seventh, nineteen hundred and seventeen, and January thirty-first, nineteen
839	839	812hundred and nineteen, both dates inclusive, shall be entitled to out-patient treatment at,
840	840	813admission to, and hospitalization in a state-operated veterans' home; provided, that they produce
841	841	814information in conformity with the rules and regulations of the state-operated veterans' homes,
842	842	815that they have been honorably discharged from said service, and are a citizen of the
843	843	816commonwealth and resides in a city or town therein, or if not such a citizen is a citizen of the
844	844	817United States and resides therein; but no such person shall be treated as an out-patient at,
845	845	818admitted to, or hospitalized in, a state-operated veterans' home if the treatment, admission or
846	846	819hospitalization of any person qualified under the provisions of section one would thereby be
847	847	820postponed or denied.”
848	848	821 SECTION 27. Chapter 115A is hereby amended by striking out section 6, as amended by
849	849	822section 50 through 53 of chapter 144 of the acts of 2022, and inserting in place thereof the
850	850	823following section:-
851	851	824 “Section 6. So much of any funds known as "Resident Funds'' as represents monies
852	852	825belonging to, or deposited for the benefit of, residents or members who have been discharged or
853	853	826voluntarily departed from, or died at, a state-operated veterans' home, which shall have remained 39 of 46
854	854	827unclaimed for more than three years, shall be paid by the superintendent to the state treasurer for
855	855	828disposition in accordance with Chapter two hundred A.”
856	856	829 SECTION 28. Chapter 115A is hereby amended by striking out section 7, as amended by
857	857	830section 54 through 56 of chapter 144 of the acts of 2022, and inserting in place thereof the
858	858	831following section:-
859	859	832 “Section 7. If a resident at a state-operated veterans' home is discharged therefrom or dies
860	860	833therein while obligated to the commonwealth for support furnished them at such home and there
861	861	834is in the custody of the superintendent of such home a bank book representing a deposit account
862	862	835in a bank, as defined in section one of chapter one hundred and sixty-seven, in the resident’s
863	863	836name, which is unclaimed during the two-year period following the date of the discharge or
864	864	837death of such patient, the chairperson of the board of trustees of a state-operated veterans' home
865	865	838may present said bank book to such bank accompanied by an affidavit stating (1) the name of
866	866	839said former resident, (2) the date of admission of said resident to the home and the date of their
867	867	840discharge therefrom, or their death therein, (3) the amount of money for which the said resident
868	868	841or their estate is obligated to the commonwealth, (4) that said bank book belongs to said resident
869	869	842or their estate, (5) that it has been in the custody of the superintendent and has been unclaimed
870	870	843for more than two years, and demanding payment of all or such portion of the amount
871	871	844represented by said bank book as is not in excess of the amount due to the commonwealth for the
872	872	845support furnished such resident.
873	873	846 Thereupon, such bank shall pay the trustees of a state-operated veterans' home the
874	874	847amount so requested in said affidavit and shall endorse such payment upon such bank book, with
875	875	848specific reference to this section and shall return such bank book to such chairperson. 40 of 46
876	876	849 Upon receipt of such payment the trustees of a state-operated veterans' home shall cause
877	877	850the same to be deposited in its legacy fund or legacy account.
878	878	851 Payment to the board of trustees of a state-operated veterans' home, under the provisions
879	879	852of this section, shall discharge the bank of liability to the owner of said property, or any person
880	880	853claiming under them, to the extent of such payments.
881	881	854 Any person claiming an interest in property surrendered to the chairperson of the board of
882	882	855trustees of a state-operated veterans' home, pursuant to the provisions of this section, and who
883	883	856claims (1) that said property is or was not beneficially owned by said resident, or (2) that said
884	884	857resident is or was not obligated to the commonwealth for support, as set forth in said affidavit,
885	885	858may within seven years following the date upon which such property is surrendered to the
886	886	859trustees, establish such claim by a petition to the probate court which, after determining the
887	887	860merits of the claim, may direct the trustees to pay the whole or any part of the sum claimed to the
888	888	861claimant.”
889	889	862 SECTION 29. Chapter 115A is hereby amended by striking out section 8, as amended by
890	890	863section 57 through 60 of chapter 144 of the acts of 2022, and inserting in place thereof the
891	891	864following section:-
892	892	865 “Section 8. The state-operated veterans' homes, after a determination and approval of the
893	893	866trustees of the respective home, that it is in the best interest of the residents, may lease, upon
894	894	867such terms and conditions as may be stipulated by said trustees, sufficient land belonging to such
895	895	868home for the purpose of constructing thereon chapels for the use of the residents or members of
896	896	869said home. The lease shall remain in full force and effect so long as a chapel for said residents is 41 of 46
897	897	870maintained thereon and so long as it shall be maintained in a physical condition satisfactory to
898	898	871the superintendent and the trustees of said home.”
899	899	872 SECTION 30. Chapter 115A is hereby amended by striking out section 9, as amended by
900	900	873section 61 of chapter 144 of the acts of 2022, and inserting in place thereof the following
901	901	874section:-
902	902	875 “Section 9. The secretary of veterans’ services and the superintendent of each home shall
903	903	876ensure that all services provided at a state operated veterans’ home are provided to eligible
904	904	877veterans without regard to or discrimination based on their sex or gender identity.”
905	905	878 SECTION 31. Chapter 115A is hereby amended by striking out section 12, as amended
906	906	879by section 65 of chapter 144 of the acts of 2022, and inserting in place thereof the following
907	907	880section:-
908	908	881 “Section 12. (a) There shall be within the department of veterans' services an office of
909	909	882veterans' homes and housing. The secretary of veterans' services shall appoint an executive
910	910	883director of veterans' homes and housing who shall have: (i) at least 5 years of experience in
911	911	884health care management; and (ii) military or other experience working with veterans. The duties
912	912	885of the executive director shall include, but shall not be limited to: (i) oversight of the office; and
913	913	886(ii) service as an advisor to the secretary of veterans' services on matters relative to veterans'
914	914	887housing. The position of executive director shall be classified pursuant to section 45 of chapter
915	915	88830. The executive director may, with the approval of the secretary of veterans' services, appoint
916	916	889and remove any employees necessary to carry out the duties of the office. Unless otherwise
917	917	890provided by law, all such appointments and removals shall be made pursuant to chapter 31.
918	918	891 The office shall: 42 of 46
919	919	892  (i) coordinate and oversee implementation and enforcement of laws, regulations and
920	920	893policies relative to the veterans' homes and other housing for veterans;
921	921	894  (ii) investigate and make recommendations on best practices for providing housing for
922	922	895veterans; provided, however, that the executive director shall have access to all property of the
923	923	896commonwealth under the oversight of the department of veterans services to carry out the duties
924	924	897of the office; provided further, that the members of the boards of trustees of state-operated
925	925	898veterans' homes pursuant to section 40 of chapter 6 and the members of the veterans' homes
926	926	899council pursuant to section 41 of said chapter 6 shall not be subject to the control of the
927	927	900executive director; and provided further, that the executive director shall not have control over
928	928	901the day-to-day operations of veterans' homes.
929	929	902  (iii) establish standardized rules and regulations governing domiciliary care, outpatient
930	930	903treatment, admission to and hospitalization in the homes; provided, however, that rules and
931	931	904regulations may include, but not be limited to: (A) governing domiciliary care at, outpatient
932	932	905treatment at, admission to and hospitalization in the homes, including an increase in any charges,
933	933	906subject to the approval of the secretary of health and human services; (B) providing for such
934	934	907treatment, admission and hospitalization for any person qualified under section 1 of chapter
935	935	908115A; (C) providing for emergency treatment for any person in need of such treatment by reason
936	936	909of accident or sudden illness, until such person can be transferred to some other institution or
937	937	910place; (D) providing for the involuntary discharge of a resident in accordance with section 13 of
938	938	911this chapter; (E) providing for the exclusion from outpatient treatment at, admission to or
939	939	912hospitalization in such state-operated veterans' homes of any person whose disability or illness
940	940	913for the treatment and care of which proper facilities are not available at such state-operated
941	941	914veterans' homes; 43 of 46
942	942	915   (iv) develop and amend by-laws that are consistent at existing state-operated veterans'
943	943	916homes, which shall include, but not be limited to, admissions eligibility and procedures,
944	944	917procurement, per diem rates and staffing levels; and
945	945	918   (v) develop and implement a system of reviewing charges, complaints and comments,
946	946	919including, but not limited to, comments from residents, family members of residents and the
947	947	920ombudspersons for each home.
948	948	921 (b) Annually, not later than November 1, the office, in coordination with the veterans'
949	949	922homes council established in section 41 of chapter 6, shall report on the state of the veterans'
950	950	923homes and the report shall include: (i) the quality of care provided at the homes; (ii) the financial
951	951	924status of the homes; (iii) the uniformity of programs at the homes; (iv) the capital needs of the
952	952	925homes; and (v) the status of the United States Department of Veterans Affairs' accreditation,
953	953	926including the efforts necessary to maintain compliance and the efforts necessary to become fully
954	954	927compliant with the United States Department of Veterans Affairs' standards at each veterans'
955	955	928home. The office shall submit the report to the governor, the clerks of the house of
956	956	929representatives and senate and the joint committee on veterans and federal affairs.”
957	957	930 SECTION 32. Chapter 115A is hereby amended by striking out section 13, as amended
958	958	931by section 66 of chapter 144 of the acts of 2022, and inserting in place thereof the following
959	959	932section:-
960	960	933 “Section 13. The secretary of veterans' services shall promulgate rules and regulations
961	961	934pertaining to the operation and administration of the state-operated veterans' homes. The
962	962	935secretary, in consultation with the executive director of veterans' homes and housing, shall 44 of 46
963	963	936continually evaluate the performance of the state-operated veterans' homes and take any action
964	964	937necessary to ensure the safety and welfare of residents of the homes.
965	965	938 Any veteran aggrieved by a decision of the superintendent or the executive director or
966	966	939their designee denying or terminating medical or nursing home care in a state-operated veterans'
967	967	940home shall have the right to appeal in accordance with the procedures established by the Centers
968	968	941for Medicare & Medicaid Services and state and federal law.
969	969	942 Any veteran aggrieved by a decision of the superintendent or the executive director or
970	970	943their designee denying or terminating domiciliary care in a state-operated veterans' home shall
971	971	944have the right to appeal to the secretary. Appeals shall be filed with the secretary within ninety
972	972	945days of the veteran’s receipt of a written adverse notice.  A hearing on such appeal held pursuant
973	973	946to this paragraph shall be conducted as an adjudicatory proceeding under chapter 30A and shall
974	974	947be conducted at a location convenient to the veteran which may include telephonically or
975	975	948electronically. The secretary shall issue its decision on the appeal within ninety days after receipt
976	976	949of the appeal.  Further review of such decision may be had by any party upon appeal to the
977	977	950division of administrative law appeals established within the executive office of administration
978	978	951and finance pursuant to section four H of chapter seven, hereinafter in this section referred to as
979	979	952''the division''.  Appeals to the division shall be filed within thirty days after receipt of the
980	980	953secretary’s appeal decision. The division shall issue its decision within ninety days after the day
981	981	954of the filing of the appeal. The decision of the division shall be subject to judicial review in
982	982	955accordance with the provisions of chapter thirty A. The time for commencing such an action for
983	983	956judicial review shall be ninety days which shall run from the receipt of notice of the decision of
984	984	957the division. In such an action for judicial review, the record shall consist of (a) the entire
985	985	958proceedings before the division of administrative law appeals, or (b) such portions thereof as the 45 of 46
986	986	959secretary and the parties may stipulate, or (c) a statement of the case agreed to by the secretary
987	987	960and the parties.
988	988	961 If a resident files a timely appeal to the secretary contesting the termination of
989	989	962domiciliary care in a state-operated veterans' home, the home shall continue to provide the
990	990	963resident with such services until the secretary or their designee issues a written decision.”
991	991	964 SECTION 33. Chapter 115B is hereby amended by striking out section 4, as amended by
992	992	965section 67 of chapter 144 of the acts of 2022, and inserting in place thereof the following
993	993	966section:-
994	994	967 “Section 4. The veteran advocate shall report annually to the governor, the senate
995	995	968president, the speaker of the house of representatives, the senate and the house committees on
996	996	969ways and means, and the joint committee on veterans and federal affairs on the activities of the
997	997	970office, including, but not limited to, an analysis of the delivery of services to veterans and
998	998	971recommendations for changes in agency procedures which would enable the commonwealth to
999	999	972better provide services to and for veterans and their families and priorities for implementation of
1000	1000	973those changes to services. The report shall include data regarding the provision of benefits under
1001	1001	974chapter 115, including but not limited to the total number of applications to each city and town,
1002	1002	975the total caseload of each city and town, and the methods by which persons submit applications
1003	1003	976including the number submitted to a municipality other than where they reside. The report shall
1004	1004	977be made public on the website of the veteran advocate.”
1005	1005	978 SECTION 34. Chapter 115B is hereby amended by inserting after section 4 the following
1006	1006	979section:- 46 of 46
1007	1007	980 “Section 5. The office of the veteran advocate shall establish and advertise a toll-free
1008	1008	981telephone hotline that shall be capable of responding to questions and complaints regarding the
1009	1009	982administration of benefits and provision of services under chapters 115 and 115A. Said office
1010	1010	983shall keep a record of complaints and shall investigate each complaint received.”