Health care

Massachusetts Burn Pit Registry Outreach and the Women Veterans’ Network

The state must contact every Guard member and known veteran who may be eligible for the federal burn pit registry, keep a confidential exposure database, and run a women veterans’ network with a paid coordinator.

Also called: c. 115 s. 17, c. 115 s. 18, burn pit, Airborne Hazards and Open Burn Pit Registry, toxic exposure, PACT Act, periodic health assessment, women veterans network, women veterans coordinator.

For: Veteran or service member.

Where it applies

Written for the jurisdictions listed here.

Two Massachusetts provisions put the burden of finding veterans on the state rather than on the veteran. Both were enacted in 2024 and neither is a benefit in the ordinary sense; they are duties owed by the commonwealth. The burn pit outreach. Section 18 of chapter 115, as inserted by section 139 of the HERO Act, requires the commissioner, in consultation with the Commissioner of Public Health and the Adjutant General, to contact all members of the Massachusetts National Guard and all known veterans and members of the armed forces residing in the commonwealth who may be eligible to participate in the VA Airborne Hazards and Open Burn Pit Registry. The statute names the populations: those who served in Operation Enduring Freedom, Operation Iraqi Freedom or Operation New Dawn; in Djibouti, Africa on or after September 11, 2001; in Afghanistan on or after September 11, 2001; in Operation Desert Shield or Operation Desert Storm; or in the Southwest Asia theater of operations on or after August 2, 1990. Those contacted shall be encouraged to join the federal registry and shall be given its contact information and a copy of an informational pamphlet the Commissioner of Public Health creates under G.L. c. 111, s. 244(b). Why this matters more than an outreach duty usually would. Joining the federal registry is not itself a claim and pays nothing, but it creates a dated record of exposure, and under the federal presumptive framework for toxic exposure a documented exposure history is what turns a later illness into a compensable claim rather than an argument. A veteran who registers now and falls ill in fifteen years is in a materially different position from one who does not. The Southwest Asia theater route reaching back to August 2, 1990 covers Gulf War veterans who may not think of themselves as burn pit cases at all. Subsection (b) then requires the commissioner to create a database of self-identifying servicemembers and veterans exposed to open burn pits or other airborne hazards, holding name, address, electronic address, phone number, location and period of service and other necessary information. The confidentiality protection is unusually strong and worth quoting in effect: the information may be used only to communicate about exposure to toxic airborne chemicals and fumes, and the database, materials and other information are confidential and privileged, are not subject to the public records law or to clause Twenty-sixth of G.L. c. 4, s. 7, and are not subject to subpoena, discovery or introduction into evidence in any private civil action. That last clause is the reason a veteran can join without weighing litigation risk. A contractor or insurer in a private action cannot reach the database. Section 17 handles the Guard from the other direction. The Adjutant General shall request that the periodic health assessment for members of the Massachusetts National Guard determine whether the member was deployed to a qualifying location and whether they were exposed to open burn pits or other airborne hazards, and shall request that any member identified as potentially exposed be automatically registered in the federal registry. Note the verb: the Adjutant General requests rather than requires, because the periodic health assessment is a federal instrument the commonwealth does not control. The Women Veterans' Network. A separate section 18, inserted by section 115 of chapter 140 of the Acts of 2024 and effective July 1, 2024, establishes a women veterans' network within the Executive Office of Veterans Services. Its duties are outreach to women veterans; improving their awareness of eligibility for federal and state services and benefits; holding in-person events; making recommendations to the Secretary to improve benefits and services for women veterans; incorporating women veterans' issues in the Executive Office's strategic planning; and creating and distributing documents detailing benefits and resources available to women veterans, including resources to help them transition to civilian life, published on the office's website. Subsection (b) requires the network to employ a women veterans' coordinator to assist with programming and outreach, working with the Executive Office and with veterans service officers to engage women veterans in a geographically equitable manner. A paid post rather than a committee. Subsection (c) requires an annual report by November 1 to the legislative clerks, both ways and means committees and the joint committee on veterans and federal affairs, covering demographic information on women veterans in the commonwealth, a summary of outreach events, the benefits documents the network created, and upcoming events. A woman veteran looking for what exists should read the most recent report, which is the only public inventory of it. The citation hazard, stated once so a reader is not caught by it: three separate provisions enacted in 2024 are all numbered section 18 of chapter 115. The two in this entry, and the ban on charging for VA claims help. The official website prints all three under one heading with notes identifying the inserting act. Describe the provision by subject when corresponding with an agency.

Thresholds

Thresholds for Massachusetts Burn Pit Registry Outreach and the Women Veterans’ Network
GateRule
The outreach duty covers named deployments and theatresOperation Enduring Freedom, Iraqi Freedom or New Dawn; Djibouti on or after September 11, 2001; Afghanistan on or after September 11, 2001; Desert Shield or Desert Storm; or the Southwest Asia theater on or after August 2, 1990.
Registering is not a claim and pays nothingIt creates a dated exposure record that supports a later presumptive claim. The federal registry is VA’s, and the state duty is to find people and tell them about it.
The state exposure database cannot be subpoenaed in private litigationIt is confidential and privileged, outside the public records law and clause Twenty-sixth of G.L. c. 4, s. 7, and not subject to subpoena, discovery or introduction into evidence in any private civil action.
Guard periodic health assessments are to screen for exposureSection 17 requires the Adjutant General to request that the assessment determine deployment and exposure and that identified members be automatically registered. It is a request because the assessment is a federal instrument.
The Women Veterans’ Network has a paid coordinator and an annual reportOutreach, awareness, in-person events, recommendations to the Secretary, strategic planning input and published benefits documents, reported to the legislature each November 1.
No rating test and no applicationThese are duties owed by the commonwealth rather than benefits a veteran applies for.

Sources

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VetTOC is not affiliated with the U.S. Department of Veterans Affairs or the Department of Defense. Information is for reference only and is not an eligibility determination. Verify with VA, the relevant state or territory, or an accredited VSO.