45.40(1m)(a)(a) The department may provide subsistence payments to a veteran on a month-to-month basis or for a 3-month period. The department may pay subsistence aid for a 3-month period if the veteran will be incapacitated for more than 3 months and if earned or unearned income or aid from sources other than those listed in the application will not be available in the 3-month period. The department may provide subsistence payments only to a veteran who has suffered a loss of income due to illness, injury, or natural disaster. The department may grant subsistence aid under this subsection to a veteran whose loss of income is the result of abuse of alcohol or other drugs only if the veteran is participating in an alcohol and other drug abuse treatment program that is approved by the department. No payment may be made under this subsection if the veteran has other assets or income available to meet basic subsistence needs or if the veteran is eligible to receive aid from other sources to meet those needs. When determining the assets available to the veteran, the department may not include the first $50,000 of cash surrender value of any life insurance.
45.40(1m)(b)
(b) The maximum amount that any veteran may receive under this subsection per occurrence during a consecutive 12-month period may not exceed $3,000.
45.40(1t)
(1t) Completion of health care forms. A health care provider may complete the medical forms necessary for the receipt of aid under this section if the provider has diagnosed the veteran and determined the veteran's medical condition.
45.40(2)(a)(a) The department may provide health care aid to a veteran for dental care, including dentures; vision care, including eyeglass frames and lenses; and hearing care, including hearing aids.
45.40(2)(c)
(c) The department may not provide health care aid under this subsection unless the aid recipient's health care provider agrees to accept, as full payment for the health care provided, the amount of the payment, the amount of the recipient's health insurance or other 3rd-party payments, if any, and the amount that the department determines the veteran is capable of paying. The department may not pay health care aid under this subsection if the liquid assets of the veteran are in excess of $1,000. When determining the liquid assets of the veteran, the department may not include the first $50,000 of cash surrender value of any life insurance.
45.40(2m)(a)(a) The unremarried spouse and dependent children of a veteran who died on active duty, or in the line of duty while on active or inactive duty for training purposes, in the U.S. armed forces or forces incorporated in the U.S. armed forces are eligible to receive payments under
subs. (1m) and
(2) if the household income of those persons does not exceed the income limitations established under
sub. (3m).
45.40(2m)(b)
(b) The spouse and dependent children of a member of the U.S. armed forces or of the Wisconsin national guard who has been activated or deployed to serve in the U.S. armed forces who are residents of this state, who have suffered a loss of income due to that activation or deployment, and who experience an economic emergency during the member's activation or deployment are eligible to receive assistance under
subs. (1m) and
(2).
45.40(3)
(3) Limitations. The total cumulative amount that any veteran may receive under this section may not exceed $7,500.
45.40(3m)
(3m) Rules. The department shall promulgate rules establishing eligibility criteria and household income limits for payments under
subs. (1m),
(2), and
(2m). The department may not include in the rules establishing eligibility criteria and household income limits any consideration of the first $50,000 of cash surrender value of any life insurance that is available to the veteran's household.
45.40 Note
NOTE: Sub. (3m) is shown as affected by 2 acts of the 2009 Wisconsin legislature and as merged by the legislative reference bureau under s. 13.92 (2) (i).
45.40(4)
(4) Appropriations. The department may make payments under this section from the appropriation in
s. 20.485 (2) (vm). Nothing in this section empowers the department to incur any state debt.
45.40(5)
(5) Joint finance supplemental funding. The department may submit a request to the joint committee on finance for supplemental funds from the veterans trust fund to be credited to the appropriation account under
s. 20.485 (2) (vm) to provide payments under this section. The joint committee on finance may, from the appropriation under
s. 20.865 (4) (u), supplement the appropriation under
s. 20.485 (2) (vm) in an amount equal to the amount that the department expects to expend under this section. If the cochairpersons of the committee do not notify the department that the committee has scheduled a meeting for the purpose of reviewing the request for a supplement within 14 working days after the date of the department's notification, the supplement to the appropriation is approved. If, within 14 working days after the date of the department's notification, the cochairpersons of the committee notify the department that the committee has scheduled a meeting for the purpose of reviewing the proposed supplement, the supplement may occur only upon approval of the committee.
45.40 History
History: 2005 a. 22,
25;
2007 a. 20;
2009 a. 37,
113; s. 13.92 (2) (i).
45.40 Cross-reference
Cross-reference: See also s.
VA 2.01, Wis. adm. code.
45.41
45.41
Payments to veterans organizations. 45.41(1)(a)
(a) "Regional office" means the U.S. department of veterans affairs regional office in Wisconsin.
45.41(1)(b)
(b) "State veterans organization" means the state organization or department of a national veterans organization incorporated by an act of congress.
45.41(2)
(2) Upon application the department shall make a payment to any state veterans organization that establishes that it, or its national organization, or both, has maintained a full-time service office at the regional office for 5 consecutive years out of the 10-year period immediately preceding the application. The payment shall be calculated based on the total amount of all salaries and travel expenses under
sub. (3) paid during the previous fiscal year by the state veterans organization to employees engaged in veterans claims service and stationed at the regional office. The payment shall be as follows:
45.41(2)(a)
(a) If the total amount paid under
sub. (3) is from $1 to $2,499, the organization shall receive the amount paid.
45.41(2)(b)
(b) If the total amount paid under
sub. (3) is from $2,500 to $9,999, the organization shall receive $2,500.
45.41(2)(c)
(c) If the total amount paid under
sub. (3) is from $10,000 to $119,999, the organization shall receive 25 percent of the amount paid.
45.41(2)(d)
(d) If the total amount paid under
sub. (3) is $120,000 or more, the organization shall receive $30,000.
45.41(3)
(3) A state veterans organization shall file an application annually with the department for the previous 12-month period ending on March 31 of the year in which it is filed. The application shall contain a statement of salaries and travel expenses paid to employees of the organization engaged in veterans claims service activities at the regional office by the state veterans organization covering the period for which application for a payment is made. The statement shall be certified as correct by a certified public accountant licensed or certified under
ch. 442 and sworn to as correct by the adjutant or principal officer of the state veterans organization. The application shall include the state organization's financial statement for its previous fiscal year and evidence of claims service activity that the department requires. The state veterans organization shall submit with its initial application sufficient evidence to establish that it or its national organization, or both, has maintained a full-time service office at the regional office for 5 consecutive years out of the 10-year period immediately preceding the application. Subsequent applications shall be accompanied by an affidavit by the adjutant or principal officer of the state veterans organization stating that the organization, on its own or with its national organization, maintained a full-time service office at the regional office for the entire 12-month period for which application for a payment is made.
45.41(4)
(4) From the appropriation under
s. 20.485 (2) (s), the department shall annually provide a payment of $100,000 to the Wisconsin department of the Disabled American Veterans for the provision of transportation services to veterans.
45.41 History
History: 2005 a. 22.
45.41 Cross-reference
Cross-reference: See also ch.
VA 7, Wis. adm. code.
45.42
45.42
Veterans personal loans. 45.42(1)
(1) It is determined that the loan program established under this section is a special purpose credit program for an economically disadvantaged class of persons for purposes of
15 USC 1691-1691f.
45.42(2)
(2) The department may lend a veteran, a veteran's unremarried surviving spouse, or a deceased veteran's child not more than $25,000, or a lesser amount established by the department under
sub. (9). The department may prescribe loan conditions, but the term of the loan may not exceed 10 years, or a shorter term established by the department under
sub. (12). The department shall ensure that the proceeds of any loan made under this section shall first be applied to pay any delinquent child support or maintenance payments owed by the person receiving the loan and then to pay any past support, medical expenses, or birth expenses owed by the person receiving the loan.
45.42(3)
(3) The department may lend to the remarried surviving spouse of a deceased veteran or to the parent of a deceased veteran's child not more than $25,000, or a lesser amount established by the department under
sub. (9), for the education of the deceased veteran's child.
45.42(4)
(4) The department may execute necessary instruments, collect interest and principal, compromise indebtedness, sue and be sued, post bonds, and write off indebtedness that it considers uncollectible. If a loan under this section is secured by a real estate mortgage, the department may exercise the rights of owners and mortgagees generally and the rights and powers set forth in
s. 45.32. The department shall pay all interest and principal repaid on the loan into the veterans trust fund.
45.42(5)
(5) The department may charge loan expenses incurred under this section to the loan applicant. The department shall pay all expenses received under this subsection into the veterans trust fund.
45.42(6)
(6) The department may provide a loan under this section to an applicant whose name appears on the statewide support lien docket under
s. 49.854 (2) (b) only if the applicant does one of the following:
45.42(6)(a)
(a) Provides to the department a repayment agreement that the applicant has entered into, that has been accepted by the county child support agency under
s. 59.53 (5), and that has been kept current for the 6-month period immediately preceding the date of the application.
45.42(6)(b)
(b) Provides to the department a statement that the applicant is not delinquent in child support or maintenance payments and does not owe past support, medical expenses, or birth expenses, signed by the department of children and families or its designee within 7 working days before the date of the application.
45.42(6)(c)
(c) Agrees to use the loan proceeds to pay any delinquent child support or maintenance payments and to pay any past support, medical expenses, or birth expenses if the applicant fails to meet the requirements under
par. (a) or
(b).
45.42(7)
(7) No person may receive a loan under this section in an amount that, when added to the balance outstanding on the person's existing loans under s.
45.351 (2), 1995 stats., and s.
45.356, 1995 stats., would result in a total indebtedness to the department of more than $25,000.
45.42(8)(a)(a) The department may borrow from the veterans mortgage loan repayment fund under
s. 45.37 (7) (a) to obtain money to make loans under this section.
45.42(8)(b)
(b) The department may enter into transactions with the state investment board to obtain money to make loans under this section. Transactions authorized under this paragraph may include the sale of loans.
45.42(9)
(9) Subject to the limits established in
subs. (2) and
(3), the department may periodically adjust the maximum loan amount based upon financial market conditions, funds available, needs of the veterans trust funds, or other factors that the department considers relevant.
45.42(10)
(10) The department may periodically adjust the interest rates for loans made under this section, which may vary based upon the term of the loan, the type of security offered, the method of payment, or other factors that the department considers relevant.
45.42(11)
(11) If an applicant's total indebtedness for loans made under this section is more than $5,000, the loan shall be evidenced by a promissory note and secured by a mortgage on real estate located in this state. A loan of $5,000 or less made to an applicant whose total indebtedness for loans made under this section is $5,000 or less shall be evidenced by a promissory note and secured by a guarantor or by a mortgage on real estate located in this state. A mortgage securing a loan made under this section is acceptable if the applicant has equity in the property subject to the mortgage equal to or exceeding a minimum amount that the department establishes by rule.
45.42(12)
(12) Subject to the limit established in
sub. (2), the department may periodically adjust the maximum term limits for loans based upon financial market conditions, funds available, needs of the veterans trust fund, or other factors that the department considers relevant.
45.42 History
History: 2005 a. 22,
25;
2007 a. 20.
45.42 Cross-reference
Cross-reference: See also ch.
VA 12, Wis. adm. code.
45.43
45.43
Veterans assistance program. 45.43(1)
(1) The department shall administer a program to provide assistance to persons who served in the U.S. armed forces or in forces incorporated as part of the U.S. armed forces and who were discharged under conditions other than dishonorable. The department shall provide assistance to persons whose need for services is based upon homelessness, incarceration, or other circumstances designated by the department by rule. The department shall designate the assistance available under this section, which may include assistance in receiving medical care, dental care, education, employment, single room occupancy housing, and transitional housing. The department may provide payments to facilitate the provision of services under this section. From the appropriation under
s. 20.485 (2) (ac), the department shall provide $15,000 annually during fiscal years 2007-08 and 2008-09 to the Center for Veterans Issues, Ltd., of Milwaukee, to provide outreach services to homeless veterans with post-traumatic stress disorder.
45.43(2)
(2) The department may charge fees for single room occupancy housing, transitional housing, and for other assistance provided under this section that the department designates. The department shall promulgate rules establishing the fee schedule and the manner of implementation of that schedule.
45.43(3)
(3) The department shall annually provide the governor, and the appropriate standing committees of the legislature under
s. 13.172 (3), with the number of veterans that were referred to the U.S. veterans administration hospitals, veterans centers, or other health care facilities as a result of telemedicine facilities. This subsection does not apply after June 30, 2009.
45.43 Cross-reference
Cross-reference: See also ch.
VA 13, Wis. adm. code.
VETERANS HOMES
45.50
45.50
Veterans homes; management. 45.50(1)(a)(a) The department shall operate the Wisconsin Veterans Home at King and employ a commandant for the home. The department shall employ a commandant for the Wisconsin Veterans Home at Union Grove and may employ a commandant for the Wisconsin Veterans Home at Chippewa Falls. The department may employ any personnel that are necessary for the proper management and operation of veterans homes. In compliance with the compensation plan established pursuant to
s. 230.12 (3), a commandant may recommend to the director of personnel charges for meals, living quarters, laundry, and other services furnished to employees and members of the employees' family maintained at veterans homes. The department shall provide complete personal maintenance and medical care, including programs and facilities that promote comfort, recreation, well-being, or rehabilitation, to all members of veterans homes.
45.50(1)(b)
(b) All moneys received as reimbursement for services to veterans homes employees or as payment for meals served to guests at veterans homes shall be accumulated in an account named "employee maintenance credits" and shall be paid into the general fund within one week after receipt and credited to the appropriation under
s. 20.485 (1) (gk).
45.50(1)(c)
(c) Veterans homes with a skilled nursing facility shall include a geriatric evaluation, research, and education program. The program staff shall be funded from the appropriations under
s. 20.485 (1) (hm),
(j), and
(mj).
45.50(2)(a)(a) Subject to authorization under
ss. 13.48 (10) and
20.924 (1), the department may construct or renovate and operate residential, treatment, and nursing care facilities, including a community-based residential facility, to be known as the Wisconsin Veterans Home at Union Grove.
45.50(2)(b)
(b) Subject to authorization under
ss. 13.48 (10) and
20.924 (1), the department may develop, construct or renovate, and operate residential, treatment, and nursing care facilities and programs for veterans in northwestern Wisconsin, on the property of the Northern Wisconsin Center for the Developmentally Disabled in Chippewa Falls to be known as the Wisconsin Veterans Home at Chippewa Falls. The programs and facilities may include an assisted living facility, a skilled nursing facility, a medical clinic, an adult day health care center, an activities center, and a veterans assistance program.
45.50(3)
(3) The department may acquire, by gift, purchase, or condemnation, lands necessary for the purposes of the veterans homes. Title to the lands shall be taken in the name of this state and shall be held by and for the uses and purposes of the veterans homes. No payment may be made out of the state treasury or otherwise for the land until the title has been examined and approved by the attorney general. Every such deed of conveyance shall be immediately recorded in the office of the proper register of deeds and filed with the secretary of state.
45.50(4)
(4) The department may use moneys appropriated under
s. 20.485 (1) (h) to purchase, erect, construct, or remodel buildings, to provide additions and improvements, to provide equipment, materials, supplies, and services necessary for the purposes of veterans homes, and for expenses that are necessary and incidental to acquisition of property under
s. 45.51 (10) and
(11).
45.50(5)
(5) The department may accept gifts, bequests, grants, or donations of money or of property from private sources to be administered by the department for the purposes of veterans homes. All moneys received shall be paid into the general fund and appropriated as provided in
s. 20.485 (1) (h), except that gifts or grants received specifically for the purposes of the geriatric program at veterans homes are appropriated as provided in
s. 20.485 (1) (hm). The department may not apply to the gifts and bequests fund interest on certificate of savings deposits for those members who do not receive maximum monthly retained income. The department shall establish for those persons upon their request individual accounts with savings and interest applied as the member requests.
45.50(6)(a)(a) The department may enter into agreements for furnishing and charging for water and sewer service from facilities constructed at and for veterans homes to public and private properties lying in the immediate vicinity of veterans homes.
45.50(6)(b)
(b) Agreements under this section shall be drafted to hold harmless the department, to require all expense to be paid by the applicant, and to be terminable by the department when other water and sewer services become available to the applicant.
45.50(7)
(7) A commandant and employees designated by the commandant may summarily arrest all persons within or upon the grounds of veterans homes who are guilty of any offense against the laws of this state or the rules governing veterans homes. For this purpose, a commandant and deputies have the power of constables.
45.50(8)
(8) A fire department at a veterans home in response to emergency fire calls may make runs and render fire fighting service beyond the confines of a veterans home.
45.50(9)
(9) The department may develop a program to provide stipends to individuals to attend school and receive the necessary credentials to become employed at veterans homes. If the department develops a stipend program under this subsection, the department shall promulgate rules related to the program, including the application process, eligibility criteria, stipend amount, repayment provisions, and other provisions that the department determines are necessary to administer the program.
45.50 Cross-reference
Cross-reference: See also ch.
VA 18, Wis. adm. code.
45.50(10)
(10) The department may establish a hospital at the veterans homes. All hospitals established under this subsection may not have a total approved bed capacity, as defined in
s. 150.01 (4m), greater than 16 beds. The approved bed capacity of a skilled nursing facility operated at a veterans home is reduced by one bed for each approved bed at the hospital established under this subsection at that home.
45.50 History
History: 2005 a. 22.
45.50 Cross-reference
Cross-reference: See also ch.
VA 6, Wis. adm. code.
45.51
45.51
Eligibility for membership. 45.51(1)
(1)
General statement. Within the limitations of veterans homes, the department may admit to membership in veterans homes persons who meet the qualifications set forth in this section.
45.51(2)(a)(a) The following persons are eligible for benefits under this subchapter if they meet the applicable requirements of this subchapter:
45.51(2)(a)2.
2. A person who has served on active duty under honorable conditions in the U.S. armed forces or in forces incorporated as part of the U.S. armed forces for 90 days or more and at least one day during a war period or under section 1 of
executive order 10957, dated August 10, 1961.
45.51(2)(a)3.
3. A spouse, surviving spouse, or parent of a person under
subd. 1. or
2.
45.51(2)(b)
(b) A person under
par. (a) 1. or
2. may be admitted to a veterans home if the person meets all of the following conditions:
45.51(2)(b)1.
1. Is a resident of this state on the date of admission to a veterans home.
45.51(2)(b)2.
2. Is permanently incapacitated due to physical disability or age from any substantially gainful occupation.
45.51(2)(b)3.
3. Has not been convicted of a felony or of a crime involving moral turpitude or, if so, has produced sufficient evidence of subsequent good conduct and reformation of character as to be satisfactory to the department.
