Initiation of Investigations, Inspections, Audits or Reviews

(1) General. (a) The Veteran Advocate, on their own motion, or in response to information or complaints received, may initiate investigations, inspections, audits, or reviews of legislation, regulations, policies or practices related to safeguarding the wellbeing, dignified treatment, rights, and benefits of veterans in the care of, or receiving services from the Commonwealth; ensuring these veterans and their families receive compassionate, timely, and effective services; facilitating access to federal and state benefits and enhancing care and services provided to veterans. (b) The Office of the Veteran Advocate shall periodically review, report, and make recommendations, as appropriate, with respect to system-wide improvements that may increase the effectiveness of the care and services provided to veterans and suggested legislative and regulatory changes. (c) The Veteran Advocate, on their own motion, or in response to information or complaints received, may initiate investigations into any Critical Incident occurring that involves a veteran in the care of the Commonwealth. (d) The Veteran Advocate, on their own motion, or in response to information or complaints received, may initiate investigations into any incident were an Executive or Constituent Agency "failed in its duty to care" for a veteran or any other incident falling within the scope of OVA's statutory mandate. (e) The initiation of any investigation, inspection, audit or review shall be within the discretion of the Veteran Advocate. (2) Reporting Requirements. (a) Standard Reporting Requirements. 1. All executive, constituent and independent agencies of the Commonwealth shall report the number of veterans currently receiving services, housed at, or in their care, to OVA monthly, no later than the 5th day of each month via a dedicated reporting and data collection system. 2. All agencies, companies, organizations and municipalities that received funding, and/or provide care or services to veterans, to include but not be limited to the housing, incarceration, and rehabilitation, from the Commonwealth of Massachusetts shall report the number of veterans that reside in, receive services from, or are housed at their facilities, to OVA on a monthly basis, no later than the 5th day of each month via a dedicated reporting and data collection system. (b) Critical Incident Reporting Requirements. 1. All executive, constituent, and independent agencies of the Commonwealth shall report all critical incidents involving a veteran in the care of or receiving services from the Commonwealth to the Office of the Veteran Advocate immediately upon discovery or occurrence of the incident, via predetermined reporting methods. These agencies shall include, but not be limited to, the Massachusetts Department of Corrections, the Massachusetts Department of Public Health, the Massachusetts Department of Mental Health, and the Massachusetts Executive Office of Veterans Services, to include all their sub-agencies, departments, and affiliates. 2. All agencies, companies, organizations and municipalities that received funding, and/or provide care or services to veterans, to include but not be limited to the housing, incarceration, and rehabilitation, from the Commonwealth of Massachusetts shall report all incidents meeting the definition of critical incident found in 123 CMR 2.00 to the Office of the Veteran Advocate immediatelyupon discoveryor occurrence of the incident via predetermined reporting methods. These agencies/organizations shall include, but not be limited to, All Massachusetts County Sheriff's Offices, Jails and Correctional Facilities, National Veterans Services Organizations (DAV/VFW/Etc.), and all Local, county, and regionalized Veterans Services Organizations. (3) Complaints, Information or Referrals. (a) Complaints, information or referrals may be received by the Office of the Veteran Advocate from any source. (b) An executive or constituent agency shall inform the Office of the Veteran Advocate of any critical incident immediately upon discovery or occurrence of the critical incident to ensure a timely response and investigation. (c) Complaints, information or referrals received, including the identity of the complainant or informant or referral source, are records of the Office of the Veteran Advocate. Such records are not public records within the meaning of M.G.L. c. 4, § 7 clause 26 and shall be kept confidential unless disclosure is deemed necessary in the performance of the duties of the Office. (d) Notwithstanding the provisions of 123 CMR 2.04(2)(b) or (d) or 2.04(3), disclosure of the existence or content of a complaint or information or the identity of a complainant or informant may be made by the Veteran Advocate to the Veteran Advocate General Counsel. (e) A complainant or informant, other than a public employee covered by 123 CMR 2.04(3) may request anonymity or nondisclosure of their identity to specified persons or organizations. 1. Such requests shall be in writing and shall be honored by the Veteran Advocate and their agents and employees unless the Veteran Advocate determines that such disclosure is necessary in relation to an investigation, audit or review, notice or referral being planned or conducted by OVA. 2. Nonconsensual disclosure shall only be authorized when deemed necessary. 3. Prior to making a nonconsensual disclosure, the Veteran Advocate shall cause to be mailed, by certified mail, to a complainant or informant at their last and usual address, if known, notice of such nonconsensual disclosure. Upon such mailing the Veteran Advocate may make the nonconsensual disclosure. (f) Complaints or Information from Public Employees. 1. For purposes of 123 CMR 2.04(3), "public employee" is a person performing services for, or holding an office, position, employment or membership in a federal, state, county or municipal agency, whether by election, appointment, contract for hire or engagement, whether serving with or without compensation, on a full time, regular, part time, intermittent or consultant basis. 2. The identity of a complainant or informant who is a public employee shall not be disclosed without the written consent of such public employee unless the Veteran Advocate determines that such disclosure is unavoidable or necessary in relation to an investigation, audit or review, notice or referral being planned or conducted by OVA. 3. Such written consent may specify certain individuals or organizations to whom disclosure is authorized and exclude others or specify other limitations or conditions on disclosure. Such consent shall be signed by the public employee and shall be maintained as part of the case file or other pertinent record maintained by the Office of the Veteran Advocate. 4. If the Veteran Advocate determines that nonconsensual disclosure is unavoidable or necessary, the public employee shall be notified in writing at least seven days prior to such disclosure. 5. In the event that a public employee complainant or informant is subject to an adverse personnel action related to their complaint or disclosure of information to the Office of the Veteran Advocate, the Veteran Advocate or their designee may present evidence concerning the circumstances or content of the complaint or information or the circumstances and scope of the disclosure of the identity of the complainant or informant in any forum or tribunal considering or determining the rights of the complainant or informant under M.G.L. c. 12A, § 14(c).