Register March 2013 No. 687
Chapter VA 6
WISCONSIN VETERANS HOME
Admission and care of members.
Duties and responsibilities of the commandant.
Traffic and conduct on home property.
Conduct and responsibilities of members.
Discipline, discharges and leaves of absence.
Admission and care of members. VA 6.01(1)
The department shall maintain and operate the Wisconsin veterans home and shall admit as members eligible veterans, their eligible spouses, surviving spouses and parents, and shall furnish all members personal maintenance, medical and nursing care to include programs and facilities which promote comfort, recreation, well-being and rehabilitation.
No person shall be admitted until such person has submitted an application on forms furnished by the home and such application has been approved by the commandant. Each question must be fully and accurately answered and the completed application properly executed. Upon admission of the applicant as a member, the completed application shall be a valid and binding contract by and between the member and the home.
(3) Exhibits required.
Each application shall be accompanied by a complete financial statement of the applicant, a physician's report of physical examination of the applicant, a certified copy of the applicant's birth certificate or other acceptable evidence relating to the applicant's birth, and original or certified copies of reports of separation or discharges of the applicant or the veteran upon whose eligibility the applicant is relying for all periods of active service in the armed forces of the United States during one wartime period as enumerated in s. 45.01 (12)
, Stats., or which establish that the veteran was entitled to receive the Armed Forces Expeditionary Medal, the Navy Expeditionary Medal, the Marine Corps Expeditionary Medal or the Vietnam Service Medal or served pursuant to section 1 of executive order 10957, or served under s. 45.01 (11)
, Stats., in Lebanon between August 1, 1982 and August 1, 1984, in Grenada between October 23, 1983 and November 21, 1983, in Panama or in a Middle East Crisis and, except in the case of a Wisconsin resident at the time of entry into active service or the spouse of such a veteran applicant, 1 affidavit attesting to the applicant's Wisconsin residence. All exhibits except certified copies of reports of separation will be required of an applicant who applies for readmission more than 60 days after discharge but an affidavit in lieu of exhibits may be accepted from an applicant who applies for readmission within 60 days of discharge.
A veteran's spouse shall also furnish a certified copy of certificate of marriage to the veteran.
(5) Surviving spouse.
The application of a veteran's surviving spouse shall be accompanied by a certified copy of the certificate of marriage of the applicant to the eligible veteran and with a certified copy of such veteran's death certificate.
The application of the parent of a veteran shall also be accompanied by the certified copy of the public record of birth of the veteran through whom eligibility is claimed, and either a complete physician's report of physical examination of such veteran and a complete financial statement and 2 residence affidavits pertaining to such veteran or a certified copy of such veteran's death certificate.
(7) Eligibility, determination.
If the applicant or the county veterans service officer assisting the applicant with the application requests a review of a determination of ineligibility, the matter shall be referred to the secretary for review.
A former member may be readmitted to the home only if a new application has been submitted and approved by the commandant on the basis of the commandant's determination that the home can provide suitable care for the applicant. A former member who was given an undesirable or dishonorable discharge may be readmitted only if the commandant is satisfied that the conduct leading to such discharge will not be repeated. The commandant may also require that an applicant for readmission shall have paid all moneys which the applicant owed to the home.
(9) Dependents of members.
Nonmember dependents of members may not be quartered or maintained at the home, except under the policy for guests established by the commandant.
(10) Quarters, assignment.
Assignment of quarters to members shall be based on the availability of space appropriate to the members' needs.
(11) Clothing and comfort items.
Clothing, toiletries, and necessary aids to good grooming, including barber and beautician services, shall be furnished to members as their needs may require.
(12) Medical and nursing care.
Medical and nursing care, including physician's services, nursing care, hospitalization, medications, special diets, dental care including dental prosthesis, eye glasses, braces, hearing aid batteries and repairs, and ancillary medical care services will be furnished members as their needs may require.
(15) Admission, denial or deferral.
Notwithstanding the other provisions of this section, the department may defer or deny an applicant's admission to the home when the commandant determines that the home will be unable to provide appropriate care.
(16) Charges for care and maintenance.
Charges for care and maintenance shall be computed every January for the various categories of care provided by the home. The computations shall be based upon the estimated costs of care to be incurred by the home for the succeeding annual period. The department may update charges in July to reflect changes in costs during the year. Charges shall be made for actual care and maintenance provided to a member.
(17) Definition — "published".
For the purposes of this chapter, "published" means printing of regulations, making them available to members, employees and visitors, and posting them on a bulletin board in a public place on the home grounds.
VA 6.01 History
Cr. Register, March, 1965, No. 111
, eff. 4-1-65; am. (3), (6), (7), (9), (13), Register, October, 1967, No. 142
, eff. 11-1-67; am. (3), Register, June, 1970, No. 174
, eff. 7-1-70; am. (3), and (13), cr. (15) and (16), Register, August, 1972, No. 200
, eff. 9-1-72; am. (1) through (7) and (13), r. (15), Register, July, 1976, No. 247
, eff. 8-1-76; am. (11), Register, January, 1984, No. 337
, eff. 2-1-84; am. (3), (9), (10), (11), (13) and (16), cr. (17), Register, April, 1986, No. 364
, eff. 5-1-86; r. and recr. (8), cr. (15), Register, February, 1989, No. 398
, eff. 3-1-89; am. (16), Register, September, 1990, No. 417
, eff. 10-1-90; am. (1), (3), (8), (12), (15) and (16), r. (13) and (14), Register, June, 1992, No. 438
, eff. 7-1-92; correction in (3) made under s. 13.93 (2m) (b) 7., Stats., Register, July, 2000, No. 535
; correction in (3) made under s. 13.93 (2m) (b) 7., Stats., Register April 2003 No. 568
; correction in (3) made under s. 13.92 (4) (b) 7., Stats., Register March 2013 No. 687
Duties and responsibilities of the commandant.
The commandant, under the direction of the secretary, shall operate the Wisconsin veterans home pursuant to Wisconsin Statutes and in accordance with the policies established by the board. The commandant shall:
Coordinate a program of medical and nursing care for all members of the home as their needs may require.
Keep a record of each member of the home which will include information establishing eligibility for admission, date of admission, personal and financial data, and period of membership.
Have charge and custody of the home including all property appertaining thereto or within the boundaries thereof, and may take such reasonable steps as may be necessary to safeguard such property including examination of vehicles, baggage, parcels or any property leaving the home.
Employ such persons as may be necessary and authorized to carry out the functions of the home.
Designate as deputies such employees as may be necessary to assist in enforcing upon the grounds of the home the laws of the state of Wisconsin and the rules and regulations governing the home, and for such purposes, the commandant and the deputies shall have all the powers of constables.
Establish a work therapy program at the home and permit as many members as possible to participate in this program. Participation in the program shall be voluntary and participating members may work as many hours as they desire up to a maximum of 5 hours per day.
Prepare the home's biennial budget requests so as to permit the home to meet applicable standards established by state regulatory agencies and present such budget request to the secretary.
Supervise all funds of the home and see that proper records are kept, maintain internal fiscal control, account for all funds received and disbursed, and take all necessary steps to recover any property or funds transferred, assigned or withheld contrary to law.
Prepare an annual report covering operations of the home as soon as practicable after the close of each fiscal year.
Provide a surety bond at the expense of the home in an amount sufficient to cover the commandant's financial responsibility and be adequately bonded for responsibilities as legal guardian of members and administrator of the estates of deceased members.
Safeguard all records of the home and maintain the confidential nature of medical and personal information regarding employees and members pursuant to s. 45.04
, Stats., and s. VA 1.10
Attend all meetings of the board and King committee and make monthly reports on the operation of the home.
Submit other reports and attend other meetings upon the request of the secretary.
Authorize emergency first aid medical service to a person not connected with the home only when transportation to a local doctor or hospital would, in the opinion of the home medical director, endanger the life of the person.
Establish and publish rules for the regulation of employee conduct.
VA 6.02 History
Cr. Register, March, 1965, No. 111
, eff. 4-1-65; am. (1), (8), (12), (13), Register, October, 1967, No. 142
, eff. 11-1-67; r. and recr. (7), Register, August, 1972, No. 200
, eff. 9-1-72; r. and recr. Register, April, 1986, No. 364
, eff. 5-1-86; am. (1), (6) and (7), Register, June, 1992, No. 438
, eff. 7-1-92; correction in (11) made under s. 13.92 (4) (b) 7.
, Stats., Register March 2013 No. 687
Traffic and conduct on home property. VA 6.03(1)(1)
Driver's license required.
No person may operate any motor vehicle on any roadway, driveway or parking lot of the home unless the person holds a valid and current operator's license or unless exempt from the requirement that such a license be held in order to operate a motor vehicle on the highways of this state, and no person may operate a motor vehicle anywhere on the home grounds except on a roadway, driveway or parking lot. Members using power wheelchairs are exempt from the requirements of this subsection.
(2) Vehicle license required.
No person may operate any motor vehicle on any roadway, driveway, or parking lot of the home unless the vehicle has been properly registered or unless exempt from the requirement that the vehicle be registered in order that it may be operated on the highways of this state. Members using power wheelchairs are exempt from the requirements of this subsection.
(4) Dumping prohibited.
The dumping of any waste, trash, debris, or other rubbish on the home grounds or along the home grounds lakeshore is prohibited, except in disposal areas designated by the commandant or elsewhere as may be specifically designated by the commandant.
(5) Removing property prohibited.
The removal of any shrubs, trees, plants, wood, rocks, earth or other natural products or materials from the home grounds is prohibited except as may be authorized by the commandant.
(6) Wildlife molestation prohibited.
The removal, destruction or molestation of any wildlife within the boundaries of the home grounds is prohibited except as may be authorized by the commandant.
(7) Damaging property prohibited.
The defacing of, damage to, or wanton destruction of any structures, buildings, improvements, shrubs, trees or plants on the home grounds is prohibited.
(8) Drunkenness prohibited.
Any person who is found in an intoxicated condition on the home grounds may be subject to arrest and prosecution.
(9) Canvassing, peddling and soliciting.
Canvassing, peddling or soliciting is prohibited on the grounds or in the buildings of the home, except that the commandant may authorize home posts and chapters of veterans organizations and their auxiliaries to conduct fund raising activities at designated times and places, and to solicit membership. The commandant may authorize and establish conditions for solicitations at the home by other charitable organizations.
(10) Lakeshore use.
Except as specifically authorized by the commandant, use of the home lakeshore, beaches, piers, boating and swimming facilities by persons other than members and employees or guests of members or employees is prohibited. Use of such facilities shall be at the risk of the individuals using them and shall be limited to daylight hours.
(11) Camping and picnicking.
Camping on the home grounds is prohibited. Picnicking may be authorized by the commandant on the home grounds in areas specifically designated by the commandant as picnic grounds. The commandant shall establish rules governing permitted picnic hours, the disposal of garbage and other refuse, and such other matters as may be deemed necessary.
The carrying or use of firearms within the limits of the home, except by firing squads or for police or military purposes, is prohibited unless authorized by the commandant.
The penalty for violating the rules and regulations contained in this section shall be as provided in s. 946.73
, Stats., and in addition to such penalty violators will be held responsible for damages.
VA 6.03 History
Cr. Register, March, 1965, No. 111
, eff. 4-1-65; am. (1), (2), (4), (8) to (11), r. (3), Register, April, 1986, No. 364
, eff. 5-1-86; am. (10), Register, June, 1992, No. 438
, eff. 7-1-92.
Conduct and responsibilities of members. VA 6.04(1)(1)
Rules and regulations.
Members shall obey all rules of the home and all rules and regulations prescribed by the commandant.
(5) Administration of members personal finances.
Members shall be permitted to receive, disburse and manage their personal finances as long as they are capable of doing so. Upon determination by the medical staff that a member is unable to manage funds wisely, the commandant shall automatically assume control over the member's funds and prepare a letter setting forth such determination and assumption of control, copies of which shall be mailed to any relatives concerned and to the secretary of the department. Immediately upon assumption of control over a member's funds by the commandant, they shall be deposited in a personal account in the home administrative office and withdrawals from such account shall be confirmed by the commandant or the commandant's designee. Relatives and friends of members whose funds are under the control of the commandant may not be permitted to receive or disburse these members' funds or exercise control over their funds unless specifically authorized by appropriate court order.
(7) Joint accounts prohibited.
Joint accounts may not be held by members with any other person or persons.
(8) Borrowing prohibited.
A member shall not borrow from nor loan money to another member.