Massachusetts 2025-2026 Regular Session

Massachusetts Senate Bill S481 Compare Versions

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

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1	1	1 of 1
2	2	SENATE DOCKET, NO. 2017 FILED ON: 1/17/2025
3	3	SENATE . . . . . . . . . . . . . . No. 481
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Paul W. Mark
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 :Paul W. MarkBerkshire, Hampden, Franklin and
16	16	Hampshire 1 of 5
17	17	SENATE DOCKET, NO. 2017 FILED ON: 1/17/2025
18	18	SENATE . . . . . . . . . . . . . . No. 481
19	19	By Mr. Mark, a petition (accompanied by bill, Senate, No. 481) of Paul W. Mark for legislation
20	20	to ensure older adults under the care of the Commonwealth receive dignified treatment and
21	21	access to all available benefits and services. Elder Affairs.
22	22	The Commonwealth of Massachusetts
23	23	_______________
24	24	In the One Hundred and Ninety-Fourth General Court
25	25	(2025-2026)
26	26	_______________
27	27	An Act to establish the Office of Older Adult Advocate.
28	28	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
29	29	of the same, as follows:
30	30	1 The General Laws are hereby amended by inserting after chapter 117A the following new
31	31	2chapter:-
32	32	3 CHAPTER 117B. OFFICE OF OLDER ADULT ADVOCATE.
33	33	4 Section 1. As used in this chapter, the following words shall, unless the context clearly
34	34	5requires otherwise, have the following meanings:
35	35	6 “Executive agency” shall mean a state agency within the office of the governor, including
36	36	7the executive office of education, the executive office of public safety and security, executive
37	37	8office of health and human services, the executive office of elder affairs, and their constituent
38	38	9agencies, the Massachusetts interagency council on housing and homelessness and the executive
39	39	10office of housing and livable communities, and their constituent agencies. 2 of 5
40	40	11 “Nominating committee” shall mean the nominating committee as established in section
41	41	123 of this chapter.
42	42	13 “Office” shall mean the office of the older adult advocate established in section 2 of this
43	43	14chapter.
44	44	15 “Older adult advocate” shall mean the older adult advocate appointed under section 3 of
45	45	16this chapter.
46	46	17 “Older adult” shall mean any resident of the Commonwealth aged sixty or above.
47	47	18 “Veteran” shall mean any person who meets the definition provided in clause 43, section
48	48	197, chapter 4 of the General Laws.
49	49	20 Section 2. There shall be an office of the older adult advocate, which shall be
50	50	21independent of any supervision or control by any executive agency. The office shall: (i) ensure
51	51	22that older adults in the care of the commonwealth or receiving services under the supervision of
52	52	23an executive agency in any public or private facility receive humane and dignified treatment at
53	53	24all times, with full respect for the older adults' personal dignity and right to privacy; (ii) ensure
54	54	25that older adults in the care of the commonwealth or receiving services under the supervision of
55	55	26an executive agency in any public or private facility receive timely, safe and effective services;
56	56	27(iii) aid and coordinate with local councils on aging and aging services access point to ensure
57	57	28older adults receive all available state and federal benefits; (iv) examine, on a system-wide basis,
58	58	29the care and services that executive agencies provide adults; (v) advise the public and those at the
59	59	30highest levels of state government about how the commonwealth may improve its services to and
60	60	31for older adults and their families; (vi) develop internal procedures appropriate for the effective
61	61	32performance of the office's duties; (vii) act as a liaison to all state agencies providing services to 3 of 5
62	62	33older adults to ensure each older adult receives necessary services and care; (viii) assist in
63	63	34developing procedures for the executive agencies to best serve the older adult community; (ix)
64	64	35act as a liaison to the Administration for Community Living of the United States Department of
65	65	36Health and Human Services and all other relevant federal agencies to advocate on behalf of the
66	66	37older adults of the commonwealth; and (x) investigate incidents where a older adults suffered a
67	67	38fatality, near fatality or serious bodily or emotional injury, including so-called “no harm”
68	68	39incidents, while receiving services from an executive agency, or circumstances which result in a
69	69	40reasonable belief that an executive agency or a constituent agency failed in its duty to care for an
70	70	41older adult and, as a result, the older adult was at imminent risk of, or suffered serious bodily or
71	71	42emotional injury or death.
72	72	43 Section 3. (a) The office of the older adult advocate, established pursuant to this chapter,
73	73	44shall be under the direction of the older adult advocate. The older adult advocate shall be the
74	74	45administrative head of the office and shall devote full time to the duties of the office. The older
75	75	46adult advocate shall be appointed by a majority vote of the attorney general, the state auditor and
76	76	47the governor from a list of 3 nominees submitted by a nominating committee to recommend an
77	77	48older adult advocate. The nominating committee shall consist of: the secretary of elder affairs, or
78	78	49a designee, who shall serve as chair; the secretary of housing and livable communities, the
79	79	50secretary of health and human services, or a designee; the secretary of public safety, or a
80	80	51designee; the commissioner of mental health, the commissioner of public health or a designee;
81	81	52the house and senate chairs of the joint committee on elder affairs; the long-term care
82	82	53ombudsman or a designee; a representative of the AARP; a representative of Dignity Alliance
83	83	54Massachusetts, a representative of the Massachusetts Association of Councils on Aging, a
84	84	55representative of the Alzheimer’s Association, a representative of Mass Aging Access; and a 4 of 5
85	85	56representative of the Home Care Alliance of Massachusetts. The nominating committee shall
86	86	57submit salary recommendations for the candidates commensurate with the candidates' experience
87	87	58and other similar state positions. The work of the nominating committee shall be coordinated by
88	88	59the executive office of elder affairs.
89	89	60 (b) Any person appointed to the position of older adult advocate shall be selected without
90	90	61regard to political affiliation and on the basis of integrity and demonstrated ability in older adult
91	91	62welfare, justice, auditing, law, health care, management analysis, public administration and
92	92	63investigation or criminal justice administration. The older adult advocate may, subject to
93	93	64appropriation, appoint such other personnel as the older adult advocate deems necessary for the
94	94	65efficient management of the office.
95	95	66 (c) The older adult advocate shall serve for a term of 5 years. In the case of a vacancy in
96	96	67the position of the older adult advocate, a successor shall be appointed in the same manner for
97	97	68the remainder of the unexpired term. No person shall be appointed as older advocate for more
98	98	69than 2 full terms.
99	99	70 (d) The older advocate may be removed from office for cause by a majority vote of the
100	100	71attorney general, the state auditor and the governor. Such cause may include substantial neglect
101	101	72of duty, gross misconduct or conviction of a crime. The cause for removal of the older adult
102	102	73advocate shall be stated in writing and shall be sent to the clerks of the senate and house of
103	103	74representatives and to the governor at the time of removal and shall be a public document.
104	104	75 Section 5. In every instance where services are determined to be provided to an older
105	105	76adult who is a qualified veteran, and not simply because of age, the office of the veterans’
106	106	77advocate shall serve as the primary agency for response. However, where services are provided 5 of 5
107	107	78because of eligibility determine by age, regardless of veterans’ status, the office of older adult
108	108	79advocate shall be the primary agency for response.
109	109	80 Section 6. The older adult advocate shall report annually to the governor, the senate
110	110	81president, the speaker of the house of representatives, the senate and the house committees on
111	111	82ways and means, and the joint committee on elder affairs on the activities of the office,
112	112	83including, but not limited to, an analysis of the delivery of services to older adults and
113	113	84recommendations for changes in agency procedures which would enable the commonwealth to
114	114	85better provide services to and for older adults and their families and priorities for implementation
115	115	86of those changes to services. The report shall be made public on the website of the older
116	116	87advocate.