Chapter 19A

Section 1. There shall be a department of aging and independence, in this chapter called the department, which shall be under the supervision and control of a secretary of aging and independence, hereinafter called the secretary. The secretary shall be appointed by and serve at t…

Section 10. If an employee serving in a position which is classified under chapter thirty-one or in which the employee has tenure by reason of section nine A of chapter thirty shall be appointed to a position within the department of any agency under the department which is not s…

Section 11. The department shall collaborate with the executive office of housing and livable communities in the location, design, construction and management of housing built for older adults and shall upon request provide technical assistance to local housing authorities and ot…

Section 12. The secretary shall measure and evaluate the impact of all programs authorized by this chapter, their effectiveness in achieving stated goals in general, and in relation to their cost, their impact on related programs, and their structure and mechanisms for delivery o…

Section 14. For the purposes of sections fourteen to twenty-six, inclusive, the following words and terms shall, unless the context otherwise requires, have the following meaning: ''Abuse'', an Act or omission which results in serious physical or emotional injury to an older adul…

Section 15. (a) Any physician, physician assistant, medical intern, dentist, nurse, family counselor, probation officer, social worker, policeman, firefighter, emergency medical technician, animal control officer, licensed psychologist, coroner, registered physical therapist, reg…

Section 16. (a) Subject to appropriation, the department shall develop a coordinated system of protective services for older adults who are determined to be abused. In planning this system, the department shall require input from other protective service agencies and other agenci…

Section 17. A protective services agency is authorized: (1) to receive and investigate reports of abuse; (2) to furnish protective services to an older adult with the elderly person's consent; (3) to petition the court for appointment of a conservator or guardian or for issuance …

Section 18. (a) The department or its designated agency shall assess and evaluate the information reported pursuant to the provisions of section fifteen. Such assessment shall include a visit to the residence of the older adult who is the subject of the report and may include con…

Section 19. (a) Any older adult who requests or affirmatively consents to the receipt of protective services may receive said services. If the person withdraws or refuses consent, the service shall not be provided or continued except as provided in section twenty. (b) No person s…

Section 2. There shall be in the department an office of administration and an office of program planning and management, each under the supervision of an assistant secretary of aging and independence, in this chapter called an assistant secretary, subject to the direction, contr…

Section 20. (a) If the department or its designated agency has reasonable cause to believe that an older adult is suffering from abuse and lacks the capacity to consent to the provision of protective services, the department or its designated agency may petition the court for a f…

Section 21. (a) Subject to appropriation, the department shall establish a geriatric evaluation process for the purpose of conducting a comprehensive physical, mental, or social evaluation of an older adult for whom a petition has been filed in a court for appointment of a conser…

Section 22. The department shall establish, by regulation, financial eligibility guidelines which provide a procedure for reimbursement by older adults for all or part of cost of protective services. If the department or the designated agency determines, pursuant to section eight…

Section 23. (a) Except as otherwise provided in this section, all records containing personal data which are created, collected, used, maintained or disseminated pursuant to this chapter shall not be public records, and shall be governed by the provisions of chapter sixty-six A, …

Section 24. Within one hundred and twenty days following the end of each fiscal year, the department shall submit a report to the governor, the general court and the public which shall include a description of the activities of the department and all designated agencies pursuant …

Section 25. The secretary shall adopt and from time to time revise rules and regulations for the implementation of the provisions of sections fifteen to twenty-four, inclusive.

Section 26. Nothing in this chapter shall be construed to be a limitation of the powers and responsibilities assigned by law to other departments or agencies.

Section 3. The secretary may from time to time, subject to appropriation, establish within the department such divisions and such administrative units within such divisions as may be necessary for the efficient and economical administration of the department, and, when necessary …

Section 36. All proceeds from reverse mortgage loans held by or available to persons sixty years of age or older shall not be taken into consideration in determining eligibility or continuing eligibility for, or the amount of payment from, any medical or other public assistance p…

Section 37. The school committee of any city or town with the approval of the secretary of aging and independence may extend the school lunch period for the purpose of serving lunches to authorized older adults. Independent schools in any city or town so approved may also partici…

Section 38. No person trained and designated by the department of aging and independence as a counselor or coordinator in the serving health information needs of older adults program, whether acting on a compensated or volunteer basis shall be liable in any civil or criminal acti…

Section 39. (a) For the purposes of this section and section 40, the following words shall, unless the context clearly requires otherwise, have the following meanings:— ''Department,'' the department of aging and independence. ''Eligible person,'' a resident of the commonwealth w…

Section 4. The department shall be the principal agency of the commonwealth to mobilize the human, physical, and financial resources available to plan, develop, and implement innovative programs to insure the dignity and independence of older adults, including the planning, devel…

Section 40. (a) There shall be a prescription drug review commission, hereinafter referred to as the commission, to oversee the program established in section 39. The commission shall consist of: the speaker of the house of representatives; the president of the senate; the chairs…

Section 41. There shall be established upon the books of the commonwealth a separate fund to be known as the Veterans Independence Plus Initiative Trust Fund. The secretary shall be the trustee of the fund and may expend monies in the fund, without further appropriation, for the …

Section 42. There shall be within the department a commission on malnutrition prevention among older adults. The commission shall consist of 17 members, including the secretary of aging and independence or a designee, who shall serve as chair; the commissioner of public health or…

Section 42A. (a) An employee of the department, its designated agency or a person employed pursuant to a contract with the department or its designated agency, when acting in their professional capacity or within the scope of their employment, who has knowledge of or observes an …

Section 43. The department shall develop a curriculum and training program on the prevention and elimination of discrimination based on sexual orientation and gender identity and expression and on improving access to services for lesbian, gay, bisexual and transgender older adult…

Section 44. (a) To facilitate the effective and efficient use of portable medical orders across care settings, the department shall, notwithstanding any general or special law to the contrary, develop, implement and administer a program governing the statewide use of portable ord…

Section 4A. The department shall establish a sliding fee scale to provide home care services for certain persons whose income exceeds the limits established under Title XX of the Social Security Act. On July first of each year, the department shall increase the financial eligibil…

Section 4B. The department shall manage the home care program established in section 4 with respect to clinical screening, service authorization activities and case management for Medicaid community-based long-term care made available to eligible older adults pursuant to chapter …

Section 4C. (a) For the purposes of this section, the following words shall have the following meanings: ''Eligible person'', a resident of the commonwealth at the time of application. ''Office'', the executive office of aging and independence. ''Participating manufacturer'', a p…

Section 4D. (a) As used in this section, the following terms shall have the following meanings unless the context clearly requires otherwise: ''Employee organization'', a labor union or other organization, agency or employee representation committee, association, group or plan in…

Section 4E. As used in sections 4F to 4I, inclusive, the following words shall, unless the context clearly requires otherwise, have the following meanings: ''CDC workforce council'', ''workforce council'' or ''the council'', the home care program consumer directed care workforce …

Section 4F. (a)(1) There shall be a home care program CDC workforce council which shall be within the department, but which shall not be subject to the control of the department, to ensure the effectiveness and quality of home care programs' CDC services. (2) The CDC workforce co…

Section 4G. (a) The CDC workforce council shall develop and implement a communications plan to promote CDC services and raise awareness of the CDC option for eligible consumers and potential CDC workers. (b) The CDC workforce council may coordinate activities with other state and…

Section 4H. (a) A consumer or the consumer's surrogate shall retain the right to recruit, hire, train, manage and terminate any CDC worker providing services to the consumer. (b)(1) Consumer directed care workers shall be considered public employees, as defined by and solely for …

Section 4I. (a) The CDC workforce council may make and execute contracts and all other instruments necessary or convenient for the performance of its duties or exercise of its powers, including contracts with public and private agencies, organizations, corporations and individual…

Section 5. The secretary may appoint from time to time, such citizen advisory boards as the secretary deems appropriate and necessary. Said citizen advisory boards shall advise and assist the secretary on matters relating to the special needs of older adults and assist the secret…

Section 6. The secretary shall make, and from time to time revise, regulations for the conduct of the business of the department and such other regulations as may be required by law.

Section 7. The secretary may accept on behalf of the commonwealth any gifts or grants of money or property, whether real or personal, from any source, whether public or private, for the purpose of assisting the secretary in the discharge of the duties of the office.

Section 8. The secretary, subject to appropriation, shall appoint and may remove all employees in the department. Unless otherwise provided by law, all such appointments and removals shall be in accordance with chapter thirty-one. In making such appointments, the secretary shall …

Section 9. Subject to appropriation, the secretary may, without regard to chapter thirty-one, but subject to the approval of the governor, appoint such experts and technical consultants as the secretary shall determine to be necessary to perform the functions of said office; prov…