Soldiers' home outbreak could shake up veterans' services

Sep. 23—BOSTON — Lawmakers want to shake up the state agency that oversees veterans affairs in Massachusetts in response to a COVID-19 outbreak last year at the Holyoke Soldiers' Home where nearly 80 residents died.

A sweeping proposal filed by several Democratic lawmakers on Thursday would make the secretary of veterans services a Cabinet-level position reporting to the governor, removing the office from the Department of Health and Human Services. The proposal also would require superintendents of the Holyoke and Chelsea soldiers' homes to be licensed nursing home administrators.

One of the bill's primary sponsors, Rep. Linda Campbell, D-Methuen, said the measure is aimed at resolving "systemic and critical governing deficiencies that were present before the COVID-19 outbreak occurred and that created the perfect storm for this preventable tragedy."

"Governing deficiencies included no clear lines of chain of command, accountability and responsibility, among others," she said.

Campbell, who co-chaired a legislative oversight committee that looked into the state's handling of the outbreak at the 240-bed facility in Holyoke, said the proposed reforms will "replace a deficient system of governance" at veterans' homes and "ensure that they are operated in a consistent and transparent manner by qualified ership with adequate oversight."

The proposed overhaul would require each soldiers' home to hire a full-time infection control and emergency preparedness specialist; conduct regular performance review of administrators and staff; create an ombudsman role; and set up a hotline for residents, family and staff to communicate any concerns to the state.

It would also require the soldiers' homes to be certified by the federal Centers for Medicare and Medicaid Services and seek a 5-star staffing rating from the agency in order to ensure adequate staffing levels.

The state Department of Public Health would be required to conduct twice-yearly inspections of each home.

At least 76 veterans living at the Holyoke facility died from the virus over 11 weeks last spring, and dozens of residents and staff were sickened in one of the country's deadliest COVID-19 outbreaks.

The outbreak led to the removal of Bennett Walsh as superintendent of the facility and approval of a $400 million spending bill to rebuild the Holyoke home.

Gov. Charlie Baker appointed a special prosecutor to investigate, which resulted in a 174-page report detailing how the virus spread among staff and residents at the Holyoke home in March 2020. The prosecutor blamed Walsh and other lower ranking officials for missteps that led to the veterans' deaths.

Baker called the findings "gut wrenching" and described the outbreak as "truly horrific and tragic." He implemented a number of other changes at the state agency responsible for oversight of the home.

But a legislative committee conducting its own investigation found "systemic issues that left the home mismanaged, understaffed, lacking sufficient oversight, and ill-equipped to protect its residents from a deadly infectious disease."

Many provisions in the proposed legislation were recommended by the Special Joint Oversight Committee on the Soldiers' Home in Holyoke COVID-19 Outbreak, of which Campbell was a co-chair.

The outbreak also to criminal charges against Walsh and former Medical Director Dr. David Clinton. Each faces 10 counts including abuse, neglect or mistreatment of an elderly or disabled person.

Prosecutors say Walsh, Clinton and other facility ers crammed residents who were positive for COVID-19 into the same unit as those with no symptoms — negligence that led to the veterans' deaths. Clinton and Walsh have denied wrongdoing.

The families of 16 deceased residents have filed a civil lawsuit in federal court against Walsh and Clinton.

Health and Human Services Secretary Marylou Sudders and the state's former secretary of veterans services, Francisco Urena, have been named as defendants in that case. The complaint alleges that Sudders and Urena turned a blind eye to what was happening at the home during the pandemic.

A separate suit was filed by employees of the home who claim they were subjected to "appalling" conditions during the pandemic.

Christian M. Wade covers the Massachusetts Statehouse for North of Boston Media Group's newspapers and websites. Email him at cwade@northofboston.com.