Veterans’ home bill passes with amendment from Rep. CareyDate: 8/8/2022 HOLYOKE/EASTHAMPTON – The Massachusetts State Legislature closed out the month of July passing a bill relative to the governance, structure and care of veterans that made key reforms to the governance structure of the state’s veterans’ homes.
The bill ensures that both the Holyoke and Chelsea Soldiers’ Homes are federally licensed as health care facilities, mandates increased state management and provides independent oversight and accountability of veterans’ home management.
Work on this bill came in response to the deaths of 78 veterans due to a COVID-19 outbreak in the Holyoke Soldiers’ Home in 2020. After the tragedy, the Legislature established the Special Joint Oversight Committee on the Soldiers’ Home in Holyoke COVID-19 Outbreak to investigate and make recommendations which resulted in this legislation.
When the House of Representatives debated the bill in February, only one amendment was adopted. The amendment, proposed by state Rep. Dan Carey aimed to improve the bill by ensuring that veterans were included in both homes’ local Board of Trustees. The amendment language adopted mandates that three of the five board members be, “war veterans or gold star mothers and/or gold star family members, family members of active or former residents, or family members of disabled American veterans.”
“I filed the amendment to make sure veterans and their family members are fairly represented on the local boards. Previously, the Chelsea board mandated veteran membership but the Holyoke board did not. I felt it was important to make sure both boards included this requirement,” said Carey. “I am grateful to my colleagues for listening to the concerns of our Western Mass. constituents. This has been a priority bill this session and I’m glad to see it cross the finish line.”
Carey said the two homes’ difference in board policy was not new and was simply the way they have operated up to this point. After hearing from so many family members after the events in 2020, Carey felt establishing a way of representation for family members of veterans with these facilities was important.
The legislation will create a direct line of authority by creating a secretary of veterans’ services position with a corresponding executive office in the commonwealth, acting as the ultimate appointing authority of the superintendents of the two state-operated homes.
It will also create a newly constituted 19-member Veterans’ Homes Council to advise the secretary to ensure the health and well-being of veteran residents. The council will be tasked with reviewing and approving the local Board of Trustees’ nomination for superintendent of their respective home before submitting the final candidate to the Secretary for consideration of appointment.
The superintendent will serve as the administrative head of a state-operated veterans’ home and will oversee the prescribing of the concrete responsibilities of the home. Superintendents must meet strict qualification requirements. The individual selected must be a licensed nursing home administrator, and be a veteran or have experience in the management of veterans in a long-term care or nursing home facility.
The medical director of each state-operated veterans’ home will recommend to the superintendent all medical staff, physicians and nurses at the respective home for their review for hiring.
“The biggest changes are governing structure and making sure there is a clear chain of command so if there is a problem, people know who to talk to and where to get answers,” said Carey. “Separately, the homes need to be licensed nursing homes, licensed health care facilities. The person in charge has to have a licensed nursing home health care background, which just makes sense. That’s the role these homes are playing now, and we want to make sure people are getting the care they deserve when they go to these homes.”
The legislation requires all state operated veterans’ homes to be licensed as nursing homes by the Department of Public Health (DPH). It also directs the DPH to conduct inspections of the homes biannually – and monthly during a declared state of emergency – with a time frame for when violations must be resolved.
In May 2021, the Legislature approved a $600 million bond authorization with $400 million for the construction of an updated Holyoke Veterans’ Home facility and $200 million to increase geographic equity and accessibility for veterans not primarily served by the Soldiers’ Homes in Chelsea or Holyoke.
“From streamlining the chain of command and clarifying the responsibilities of the superintendent, to elevating the veterans secretary to cabinet level and expanding the [DPH’s] role, this legislation contains important improvements for our commonwealth’s veterans’ homes,” said state Sen. John Velis. “At the same time, we know that this work must continue ... to ensure that the tragedy that took place at the Holyoke Soldiers’ Home never happens again.”
Velis, who also serves as the Senate chair of the Joint Committee on Veterans and Federal Affairs, added he is grateful to be able to help lead the Senate working group that will oversee implementation of this legislation.
Having been passed by the House and Senate, “An Act relative to the governance, structure and care of veterans at the commonwealth’s veterans’ homes” now goes to Gov. Charlie Baker for his signature.
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