Definitions

Complainant. Any person who files a complaint pursuant to 123 CMR 2.00. Complaint. A report of an incident or condition filed pursuant to 123 CMR 2.00, regardless of whether the incident or condition is also required to be reported to any other entity pursuant to law or policy. Conditions. Refers to any medical, psychiatric, or other health-related states or circumstances that pose a significant risk of death to an individual. These conditions are critical and severe enough that, without immediate and effective intervention, they could lead to death. However, in cases of near fatality, these conditions ultimately do not result in death due to timely and life-saving measures. Critical Incident. An incident where a person suffers a fatality, near fatality, serious bodily injury, emotional injury, or there is an imminent risk of harm. (Mass. Register #1531, 9/27/2024) Dangerous. Posing a danger or the potential danger to the health or safety of a client. Day. Monday through Friday excluding any legal holiday observed by the state. Emotional Injury. An injury to the mental or psychological capacity or emotional stability as evidenced by a substantial and observable impairment in a person's ability to function within a normal range of performance and behavior as testified to by a qualified mental health professional. Evidence. Anything material or real, and information relevant to an investigation and used for proving or disproving violations of law or establishing the facts, truths, or falsity of assertions surrounding such violations. Evidentiary material can be testimonial, documentary, demonstrative, electronic, or physical in nature. Fatality. A death resulting from an incident or medical condition. Failure in Duty to Care. Any act or omission by an executive agency, its constituent agencies, or employees thereof, that deviates from accepted norms of practice in the agency's professional community and causes a physical or emotional injury to a veteran or their eligible dependents or imminent risk of such injury. Failure in Duty to Care includes the failure to provide humane and dignified treatment, timely, safe, and effective services, and the necessary coordination with local, state, and federal agencies to ensure veterans receive all available benefits and proper care. Illegal. A violation of state or federal statute, regulation, case law or other law. Imminent Risk. The immediate and significant likelihood that an event will occur. Imminent Risk is used to indicate that there is a pressing and urgent danger that requires prompt action to prevent the anticipated harm or injury. In the Care of the Commonwealth. Any situation where someone or something is under the responsibility or guardianship of the government or state. Therefore, when someone is In the Care of the Commonwealth, it means that they or their affairs are being managed, overseen, or provided for by the government. Incident. An event or occurrence that directly contributes to or causes a death. Incident can include accidents, acts of violence, neglect, abuse, or any other external factors that result in fatal harm to the veteran. An incident typically implies that the death was due to an unforeseen or preventable event rather than natural causes. Inhumane. Demeaning a client or inconsistent with the proper regard for human dignity. Inspection. Refers to a systematic and formal evaluation or examination of facilities, processes, and operations to ensure compliance with established standards, regulations, and best practices. The purpose of an inspection is to identify deficiencies, verify adherence to protocols, assess the quality of services provided, and ensure the safety and well-being of individuals within the inspected environment. Interrogation. A systematic process of questioning an individual; with the primary goal of eliciting information, admissions, or confessions pertinent to an investigation or case. It is characterized by a controlled environment where the questioner exercises authority and employs various techniques to obtain specific facts or confirm suspicions of wrongdoing. Interview. A structured conversation between two or more parties, where one party (the interviewer) asks questions to gather information, insights, or opinions from the other party (the interviewee). It is designed to collect relevant data, understand experiences, or obtain detailed responses in a non-confrontational and voluntary manner. Investigation. Refers to a systematic and detailed examination or inquiry conducted to uncover facts, gather evidence, and analyze information regarding a specific incident, allegation, or issue. The purpose of an investigation is to establish the truth, determine the circumstances surrounding the matter in question, identify any violations or misconduct, and provide a basis for informed decision-making and corrective actions. The action of investigating something or someone; formal or systematic examination or research. Medical Condition. Refers to an illness, disease, or chronic health issue that contributes to, or directly causes the death of a veteran. Medical Condition encompasses both acute and chronic health issues that can lead to fatality. Near Fatality. An event in which an individual suffers injuries or conditions that post a significant risk of death but ultimately does not result in death. Near Fatality can include situations where life-saving measures are necessary to prevent death Receiving Services from the Commonwealth. Refers to any interaction between a veteran and a "public or private facility". Serious Bodily Injury. Any injury which: (a) Requires hospitalization for more than 48 hours, commencing within seven days from the date of the injury was received; (b) results in a fracture of any bone (except simple fractures of fingers, toes, or nose); (c) causes severe hemorrhages, nerve, muscle, or tendon damage; (d) involves any internal organ; or (e) involves second- or third-degree burns, or any burns affecting more than 5% of the body surface. Veteran means: (a) any person: 1. whose last discharge or release from their service as defined in 123 CMR 2.00, was under honorable conditions and who; 2. served in the army, marine corps, navy, air force, space force, coast guard, commissioned corps of the public health service or commissioned corps of the national oceanic and atmospheric administration of the United States; or 3. on full time national guard duty under Titles 10 or 32 USC or under M.G.L. c. 33, §§ 38, 40 and 41 for not less than 90 days active service, at least one day of which was for wartime service; provided, however, that any person who was awarded a Purple Heart, or a service-connected disability by the Veterans Administration, or who died in such service under conditions other than dishonorable, shall be deemed to be a veteran notwithstanding their failure to complete 90 days of active service. (b) a member of the American Merchant Marine who served in armed conflict between December 7, 1941 and December 31, 1946, and who has received honorable discharges from the United States Coast Guard, Army, or Navy; (c) any person: 1. whose last discharge from active service was under honorable conditions; and 2. served in the army, marine corps, navy, air force, space force, coast guard, commissioned corps of the public health service, or commissioned corps of the national oceanic and atmospheric administration of the United States for not less than 180 days active service; provided, however, that any person who was awarded a Purple Heart, or a service-connected disability by the Veterans Administration, or who died in such service under conditions other than dishonorable, shall be deemed to be a veteran notwithstanding their failure to complete 180 days of active service. (d) a current member of any reserve component of the US Armed Forces.