4. Related statute or rule:
Section 45.43 directs department to administer a program to provide assistance to veterans whose need for services is based upon homelessness, incarceration, or other circumstances designated by the department by rule. Existing sections of Chapter VA 13 do not clearly distinguish the AIV program from the program by which the department provides transitional housing and supportive service to homeless veterans, or those veterans at risk of becoming homeless, currently named Veterans Assistance program, which will be renamed Veterans Housing and Recovery Program by the proposed rule. 5. Plain language analysis:
The proposed rule change relates to the two programs within the Veterans Assistance Program.
Aid to Indigent Veterans (AIV): The Legislative Audit Bureau (Report 11-3) recommended the Department promulgate rules to: (1) establish clear eligibility requirements, including any type and amount of assets to be excluded from eligibility determinations; (2) establish a policy on divestment, including requiring applicants to provide sufficient documentation for determining whether the timing and nature of any asset transfers, including the establishment of trusts, is allowable; (3) clearly define any limits on the amounts and types of life insurance and burial assets that are exempt, and require applicants to provide sufficient documentation to assess them; and (4) require Union Grove staff to verify financial information provided at the time of application to the assisted living facilities, and annually thereafter.
Additionally, the rule will more clearly distinguish the AIV program from the program by which the Department provides transitional housing and supportive services to homeless veterans, or those veterans at risk of becoming homeless, currently named the Veterans Assistance Program (VAP) which will be renamed Veterans Housing and Recovery Program (VHRP) by the proposed rule.
6. Summary of and comparison with, existing or proposed federal regulations.
There is no existing or proposed federal regulation that addresses the AIV activities affected by the proposed rule. Federal regulations applicable to the VHRP are not implicated by the changes in the proposed rule.
7. Comparison with rules in adjacent states:
In reviewing the statutes, rules and websites of veterans departments of adjacent states reveals no similar housing program
8. Summary of factual data and analytical methodologies:
The Department analyzed the current policies of the two programs within the Veterans Assistance Program and used those policies as a foundation for the rule changes.
9. Analysis and supporting documents used to determine effect on small business or in preparation of economic impact report:
This rule codifies existing departmental policies and has no effect on small businesses.
10. Fiscal Estimate:
The proposed rule changes will have no additional fiscal impact.
11. Effect on small business:
The proposed rule changes will have no impact on small businesses.
12. Comments and opinions prepared by the Board of Veterans Affairs:
The Board of Veterans Affairs met telephonically May 1, 2015 to discuss and take action on the draft administrative rule for the administration of Chapter VA 13, Veterans Assistance Program and unanimously voted to approve adopting the proposed language. 13. Agency contact person and place where comments are to be submitted and deadline for submission:
The public record on this proposed rule-making will be held open until close of business the day of the hearing to permit the submission of comments in lieu of public hearing testimony, or comments supplementing testimony offered at the hearing.
Prior to September 1, 2016, comments on proposed rules should be sent to:
Kelly Brady, paralegal
Office of Legal Counsel
Department of Veterans Affairs
201 W Washington Avenue
PO Box 7843
Madison, WI 53707-7843
Phone: 608-266-0518
Comments on proposed administrative rules will be accepted through the Legislature's website at http://docs.legis.wisconsin.gov/code/comment. All submitted comments will be sent to the appropriate agency rules coordinators. It is necessary to include your contact information in your submitted comments if you wish to receive a response.
