DEPARTMENT OF VETERANS AFFAIRS
ADOPTING PERMANENT RULES
The statement of scope for this rule, SS 039-14, was approved by the Governor on April 21, 2014, published in Register No. 701 on May 14, 2014, and approved by Secretary John A. Scocos on May 27, 2014. This proposed rule was reviewed by the Board of Veterans Affairs on May 1, 2015 and approved by Secretary Scocos on June 1, 2015. ORDER
The Department of Veterans Affairs proposes an order to repeal VA 13.04 (3),(4) and VA 13.06; to renumber VA 13.01 (1), VA 13.04, (1), (2), and (4); to renumber and amend VA 13.04 (title) and VA 13.05; to amend VA 13 (title), VA 13.01 and 13.02 and to create VA 13.001, 13.01 (1), (1m), (1s), (2m), and VA 13.055 relating to the veterans assistance program, aid to indigent veterans and veterans housing and recovery program.
ANALYSIS
1. Statute interpreted: Section 45.43, Stats. 3. Explanation of agency authority:
Section 227.10 (1), Stats., requires each department to promulgate as a rule each statement of general policy and each interpretation of a statute which it specifically adopts to govern its enforcement or administration of that statute. Further, subsection (2m) requires rule promulgation before a department may implement or enforce any standard, requirement, or threshold. Section 227.11 (2) (a), Stats., authorizes the department to promulgate rules interpreting the provisions of any statute enforced or administered by the department, if the department considers it necessary to effectuate the purpose of the statute. Section 45.03 (2), Stats., authorizes the Secretary to promulgate rules necessary to carry out the purposes of Chapter 45 and the powers and duties conferred upon it. 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 homeless, 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:
13. Agency contact person:
Section 1. VA 13 (title) is amended to read:
VETERANS ASSISTANCE HOUSING PROGRAM
Section 2. VA 13.001 is created to read:
VA 13.001 Authority. This chapter administers programs authorized by s. 45.43, Stats. Section 3. VA 13.01(1) is renumbered and amended to VA 13.01(1e); VA 13.01 and 13.02 are amended; and VA 13.01(1), (1m), (1s), and (2m) are created to read:
VA 13.01 Definitions. In this chapter the following terms shall have the designated meanings:
(1) “Aid to indigent veterans” means financial support to enable a veteran to continue to reside in an assisted living facility at an established Wisconsin veterans home.
(1)(1e) “Applicant” means a person who requests assistance under the veterans housing program by filing a written application with the department.
(1m) “Assets” means all liquid and non-liquid property including real estate, recreational vehicles and the cash surrender value of life insurance policies, but excluding burial assets, a home in which a spouse or dependent relative is living, household furnishings, one automobile for the purposes of general transportation of the member and his or her community spouse or dependent, personal items including clothes, and assets necessary to prevent impoverishment of a spouse who lives in the community.
(1s) “Assisted living facility” means a community-based residential care facility as defined in s. 50.01 (1g), Stats., or a residential care apartment complex as defined in s. 50.01 (6d), Stats., at a Wisconsin veterans home. (2) “Department” means the department of veterans affairs.
(2m) “Divestment” means giving away one’s resources, such as income, non-exempt assets, and property for less than fair market value in order to enroll in the program, including action taken to avoid receiving income or assets that one is entitled to receive.
(3) “Veteran” means a veteran as defined in s. 45.01 (12), Stats. (4) “Veterans assistance housing and recovery program” means the program providing transitional and permanent housing and certain supportive services authorized under s. 45.43, Stats.
