Massachusetts 2025-2026 Regular Session

Massachusetts House Bill H796 Compare Versions

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

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1	1	1 of 1
2	2	HOUSE DOCKET, NO. 1795 FILED ON: 1/15/2025
3	3	HOUSE . . . . . . . . . . . . . . . No. 796
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Steven Ultrino
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 to establish the office of older adult advocate.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:Steven Ultrino33rd Middlesex1/15/2025Amy Mah Sangiolo11th Middlesex2/4/2025 1 of 5
16	16	HOUSE DOCKET, NO. 1795 FILED ON: 1/15/2025
17	17	HOUSE . . . . . . . . . . . . . . . No. 796
18	18	By Representative Ultrino of Malden, a petition (accompanied by bill, House, No. 796) of Steven
19	19	Ultrino and Amy Mah Sangiolo for legislation to establish the office of elder advocate. Elder
20	20	Affairs.
21	21	The Commonwealth of Massachusetts
22	22	_______________
23	23	In the One Hundred and Ninety-Fourth General Court
24	24	(2025-2026)
25	25	_______________
26	26	An Act to establish the office of older adult advocate.
27	27	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
28	28	of the same, as follows:
29	29	1 SECTION 1. The General Laws are hereby amended by inserting after chapter 117A the
30	30	2following new chapter:-
31	31	3 CHAPTER 117B. OFFICE OF OLDER ADULT ADVOCATE.
32	32	4 Section 1. As used in this chapter, the following words shall, unless the context clearly
33	33	5requires otherwise, have the following meanings:
34	34	6 “Executive agency” shall mean a state agency within the office of the governor, including
35	35	7the executive office of education, the executive office of public safety and security, executive
36	36	8office of health and human services, the executive office of elder affairs, and their constituent
37	37	9agencies, the Massachusetts interagency council on housing and homelessness and the executive
38	38	10office of housing and livable communities, and their constituent agencies. 2 of 5
39	39	11 “Nominating committee” shall mean the nominating committee as established in section
40	40	123 of this chapter.
41	41	13 “Office” shall mean the office of the older adult advocate established in section 2 of this
42	42	14chapter.
43	43	15 “Older adult advocate” shall mean the older adult advocate appointed under section 3 of
44	44	16this chapter.
45	45	17 “Older adult” shall mean any resident of the Commonwealth aged sixty or above.
46	46	18 “Veteran” shall mean any person who meets the definition provided in clause 43, section
47	47	197, chapter 4 of the General Laws.
48	48	20 Section 2. There shall be an office of the older adult advocate, which shall be
49	49	21independent of any supervision or control by any executive agency. The office shall: (i) ensure
50	50	22that older adults in the care of the commonwealth or receiving services under the supervision of
51	51	23an executive agency in any public or private facility receive humane and dignified treatment at
52	52	24all times, with full respect for the older adults' personal dignity and right to privacy; (ii) ensure
53	53	25that older adults in the care of the commonwealth or receiving services under the supervision of
54	54	26an executive agency in any public or private facility receive timely, safe and effective services;
55	55	27(iii) aid and coordinate with local councils on aging and aging services access point to ensure
56	56	28older adults receive all available state and federal benefits; (iv) examine, on a system-wide basis,
57	57	29the care and services that executive agencies provide adults; (v) advise the public and those at the
58	58	30highest levels of state government about how the commonwealth may improve its services to and
59	59	31for older adults and their families; (vi) develop internal procedures appropriate for the effective
60	60	32performance of the office's duties; (vii) act as a liaison to all state agencies providing services to 3 of 5
61	61	33older adults to ensure each older adult receives necessary services and care; (viii) assist in
62	62	34developing procedures for the executive agencies to best serve the older adult community; (ix)
63	63	35act as a liaison to the Administration for Community Living of the United States Department of
64	64	36Health and Human Services and all other relevant federal agencies to advocate on behalf of the
65	65	37older adults of the commonwealth; and (x) investigate incidents where a older adults suffered a
66	66	38fatality, near fatality or serious bodily or emotional injury, including so-called “no harm”
67	67	39incidents, while receiving services from an executive agency, or circumstances which result in a
68	68	40reasonable belief that an executive agency or a constituent agency failed in its duty to care for an
69	69	41older adult and, as a result, the older adult was at imminent risk of, or suffered serious bodily or
70	70	42emotional injury or death.
71	71	43 Section 3. (a) The office of the older adult advocate, established pursuant to this chapter,
72	72	44shall be under the direction of the older adult advocate. The older adult advocate shall be the
73	73	45administrative head of the office and shall devote full time to the duties of the office. The older
74	74	46adult advocate shall be appointed by a majority vote of the attorney general, the state auditor and
75	75	47the governor from a list of 3 nominees submitted by a nominating committee to recommend an
76	76	48older adult advocate. The nominating committee shall consist of: the secretary of elder affairs, or
77	77	49a designee, who shall serve as chair; the secretary of housing and livable communities, the
78	78	50secretary of health and human services, or a designee; the secretary of public safety, or a
79	79	51designee; the commissioner of mental health, the commissioner of public health or a designee;
80	80	52the house and senate chairs of the joint committee on elder affairs; the long-term care
81	81	53ombudsman or a designee; a representative of the AARP; a representative of Dignity Alliance
82	82	54Massachusetts, a representative of the Massachusetts Association of Councils on Aging, a
83	83	55representative of the Alzheimer’s Association, a representative of Mass Aging Access; and a 4 of 5
84	84	56representative of the Home Care Alliance of Massachusetts. The nominating committee shall
85	85	57submit salary recommendations for the candidates commensurate with the candidates' experience
86	86	58and other similar state positions. The work of the nominating committee shall be coordinated by
87	87	59the executive office of elder affairs.
88	88	60 (b) Any person appointed to the position of older adult advocate shall be selected without
89	89	61regard to political affiliation and on the basis of integrity and demonstrated ability in older adult
90	90	62welfare, justice, auditing, law, health care, management analysis, public administration and
91	91	63investigation or criminal justice administration. The older adult advocate may, subject to
92	92	64appropriation, appoint such other personnel as the older adult advocate deems necessary for the
93	93	65efficient management of the office.
94	94	66 (c) The older adult advocate shall serve for a term of 5 years. In the case of a vacancy in
95	95	67the position of the older adult advocate, a successor shall be appointed in the same manner for
96	96	68the remainder of the unexpired term. No person shall be appointed as older advocate for more
97	97	69than 2 full terms.
98	98	70 (d) The older advocate may be removed from office for cause by a majority vote of the
99	99	71attorney general, the state auditor and the governor. Such cause may include substantial neglect
100	100	72of duty, gross misconduct or conviction of a crime. The cause for removal of the older adult
101	101	73advocate shall be stated in writing and shall be sent to the clerks of the senate and house of
102	102	74representatives and to the governor at the time of removal and shall be a public document.
103	103	75 Section 5. In every instance where services are determined to be provided to an older
104	104	76adult who is a qualified veteran, and not simply because of age, the office of the veterans’
105	105	77advocate shall serve as the primary agency for response. However, where services are provided 5 of 5
106	106	78because of eligibility determine by age, regardless of veterans’ status, the office of older adult
107	107	79advocate shall be the primary agency for response.
108	108	80 Section 6. The older adult advocate shall report annually to the governor, the senate
109	109	81president, the speaker of the house of representatives, the senate and the house committees on
110	110	82ways and means, and the joint committee on elder affairs on the activities of the office,
111	111	83including, but not limited to, an analysis of the delivery of services to older adults and
112	112	84recommendations for changes in agency procedures which would enable the commonwealth to
113	113	85better provide services to and for older adults and their families and priorities for implementation
114	114	86of those changes to services. The report shall be made public on the website of the older
115	115	87advocate.