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Bill

Bill

H 3852

Attorney General inclusions

2025-2026 Regular Session Introduced by Paula Calhoon and 9 co-sponsors

Massachusetts agencies must identify, educate, and assist veterans exposed to burn pits, and boost participation in the VA Open Burn Pit Registry.

Member(s) request name added as sponsor: B.L.Cox, Calhoon, M.M.Smith, Mitchell
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Bill Summary · H 3852

Summary — H.3852: "An Act relative to veteran health, opportunity, notification, observance and respect"

Status & Sponsor
- Bill No.: H 3852 (filed as House Docket No. 1673)
- Primary sponsor: Rep. Steven S. Howitt (4th Bristol)
- Additional sponsors added Feb 2025: B.L. Cox, Calhoon, M.M. Smith, Mitchell, Lawson, Robbins, Pope
- Referred to: Committee on Veterans and Federal Affairs (also initially referred to Judiciary)
- Hearing scheduled: July 22, 2025 (1:00–5:00 PM, A‑2)
- Note: The version text provided includes extraneous South Carolina statutory language unrelated to the Massachusetts bill.

Purpose
H.3852 directs Massachusetts state agencies to identify, notify, educate and assist Massachusetts service members and veterans — particularly those potentially exposed to airborne toxins from overseas open burn pits — and to promote participation in the U.S. Department of Veterans Affairs (VA) Airborne Hazards and Open Burn Pit Registry.

Key provisions and requirements
1. New DPH duties (adds Section 243 to Chapter 111)
- Develop written educational materials for health care providers and veterans about health effects of open burn pit exposures, symptoms, eligibility and enrollment in the VA Airborne Hazards and Open Burn Pit Registry, and VA Registry contact information.
- Monitor epidemiological studies and developments (including those under 38 U.S.C. §527) related to open burn pit exposures.
- Maintain a confidential database of self‑identifying exposed service members/veterans (name, contact, service location/dates and other necessary info). This database is explicitly confidential and privileged, exempt from public records/some statutory disclosure provisions, and not subject to subpoena or use in private civil actions.
- Post the informational pamphlet on the Department of Public Health website.

  1. New DVS / National Guard duties (adds Section 16 to Chapter 115)
    • DVS, DPH and the Adjutant General must collaborate to contact Massachusetts National Guard members and known veterans/residents who may be eligible for the VA Registry (listed deployments/operations included, e.g., OEF, OIF, Operation Desert Storm, SW Asia since Aug 2, 1990, Djibouti on/after 9/11/2001, Afghanistan).
    • Provide Registry contact info and the DPH pamphlet; train veteran service officers to assist enrollment.
    • By Sept 1, 2026, encourage the VA to simplify/expand Registry access, including: DS Logon Level 2 verification at VA community clinics in MA, a paper registration option, and a process for family members to register deceased veterans.
    • By Oct 1, 2026, request that the National Guard periodic health assessment include questions about deployments that would qualify members for Registry participation and potential burn pit exposure.

Who is affected
- Massachusetts veterans and current service members (especially National Guard and those who served in specified operations/locations)
- Veterans Service Officers, veteran organizations, DPH, DVS and the Massachusetts National Guard
- The US Department of Veterans Affairs (requested coordination/changes to Registry access)
- Potential downstream effects on healthcare providers who will receive educational materials

Timeline & procedural notes
- Pamphlet required on or before Jan 1, 2026.
- VA‑coordination encouragement deadline: Sept 1, 2026.
- Periodic health assessment updates requested by Oct 1, 2026.
- Confidentiality provisions may limit access to the state database in litigation and public records requests.
- Bill pending committee action (hearing set 7/22/2025).

Fiscal/implementation impacts
- The bill mandates development, distribution, training and outreach activities; it does not specify funding. Implementation will require agency staff time and coordination with federal VA offices and local veteran organizations.

Limitations / notes
- The posted bill text is truncated after portions of Section 2; final enacted language may include additional details. The South Carolina statutory text included in the provided materials appears unrelated to H.3852.

Compiled from official sources — confirm details with the bill’s official record.

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