STATE OF WISCONSIN
Department of Veterans Affairs
In the matter of rulemaking proceedings before the Department of Veterans Affairs.
ORDER OF THE DEPARTMENT OF VETERANS AFFAIRS
ADOPTING EMERGENCY RULES
The statement of scope for this rule, SS 035-20, was approved by the Governor on May 6, 2020, published in Register No. 773A2 on May 11, 2020, and approved for implementation by the Secretary of the Department of Veterans Affairs on May 21, 2020. This emergency rule was approved by the Governor on May 29, 2020.
ORDER
An order of the Department of Veterans Affairs to repeal VA 2.01 (k); and to amend VA 2.01 (1) (d), (e), and (i), (2) (a), (b) 1. and 3., and (3) (a) and (b); relating to the assistance to needy veterans grant program.
FINDING OF EMERGENCY
On March 12, 2020, Governor Tony Evers issued Executive Order #72, which proclaims that a public health emergency exists for the State of Wisconsin. As this emergency has a significant impact on Wisconsin veterans and their families, the Department of Veterans Affairs finds that an emergency exists and that the proposed emergency rule is necessary for the immediate preservation of public health, safety, and welfare. Facts constituting the emergency are as follows:
In times of a declared national or public health emergency, amended rule language is needed in order to expand eligibility for financial assistance to veterans who suffer a loss of income. Certain administrative rules relating to the Assistance to Needy Veterans Grant program were temporarily suspended on April 9, 2020, under the Governor’s Emergency Order #23. The proposed rules will enable the Department to extend the amendments beyond the expiration of the Governor’s emergency authority.
Current rules limit the circumstances in which a veteran may be eligible for subsistence and health care assistance following a recent loss of income due to an illness, injury, or natural disaster. The emergency rules would expand eligibility and remove and/or amend certain application requirements.
ANALYSIS
Analysis prepared by the Department of Veterans Affairs.
Statutes interpreted:
Statutory authority:
Explanation of agency authority:
Section 45.40 (3m), Stats., provides that the department shall promulgate rules establishing eligibility criteria and household income limits for payments made for subsistence and health care aid under subs. (1m), (2), and (2m). Related statute or rule:
None
Plain language analysis:
This emergency rule amends provisions in ch. VA 2, with the objective of expanding eligibility and removing barriers for a veteran to apply for subsistence and health care aid under the Assistance for Needy Veterans Grant program as specified in s. VA 2.01. Current rules allow the department to provide subsistence and health care aid to veterans based on financial need who have experienced a recent loss of income due to an illness, injury, or natural disaster. This emergency rule includes the following amendments:
Amends the definition for “available liquid assets” to exclude cash value of life insurance policies, liquid investments, including stocks and bonds and amounts deposited in any retirement plans.
Amends the definition for “declaration of aid” to eliminate a requirement for the form to be signed by a county official.
Amends the definition for “description of benefits” to no longer expire 90 days after the date eligibility has been established.
Repeals a definition for “economic emergency”.
Amends or repeal certain application requirements and timeframes.
Eliminates the timeframe in which a health care provider is required to provide health care.
Eliminates the eligibility threshold of 180 percent of the federal poverty guidelines.Summary of, and comparison with, existing or proposed federal regulation:
None
Comparison with rules in adjacent states:
Illinois: The Illinois Military Veterans Assistance Act provides for financial assistance to indigent veterans through the city or town military veterans organization within each county. General assistance funds are allocated to a county for assistance to veterans and their families in accordance with the provisions of the Illinois Public Aid Code.
Iowa: Iowa veterans are eligible for subsistence-type aid through the Iowa Veterans Trust Fund.
Michigan: The Department of Military and Veterans Affairs provides grants up to $2,000 per year for qualified veterans and their families through a Military Family Relief Fund that provides subsistence-type aid.
Minnesota: Minnesota administrative rule chapter 9055 contains provisions relating to the State Soldiers Assistance Fund, which includes a subsistence aid program that provides temporary financial assistance for eligible veterans.
Summary of factual data and analytical methodologies:
On March 12, 2020, Governor Tony Evers issued Executive Order #72, which proclaimed that a public health emergency exists for the State of Wisconsin. As this emergency has a significant impact on Wisconsin veterans and their families, the Department of Veterans Affairs finds that an emergency exists and that the proposed emergency rule is necessary for the immediate preservation of public health, safety, and welfare.
The Department deems it necessary to amend current rule language in order to expand eligibility for financial assistance to veterans who suffer a loss of income. Certain administrative rules relating to the Assistance to Needy Veterans Grant program were temporarily suspended on April 9, 2020, under the Governor’s Emergency Order #23, which remained in effect for the duration of the public health emergency declared in Executive Order #72, which expired on May 11, 2020. The proposed emergency rules will enable the Department to extend the amendments beyond the expiration of the Governor’s emergency authority.
Analysis and supporting documents used to determine effect on small business or in preparation of economic impact analysis:
The rule will be posted to solicit economic impact comments.
Fiscal Estimate:
The Fiscal Estimate and Economic Impact Analysis is attached.
Effect on small business:
These proposed rules do not have an economic impact on small businesses, as defined in s. 227.114 (1), Stats. Agency contact person:
Mindy Allen, Administrative Rules Coordinator, Department of Veterans Affairs, Office of the Secretary, P.O. Box 7843, Madison, WI 53707-7843, Phone: (608) 264-6085, Email: DVAAdminRules@DVA.Wisconsin.gov Place and deadline for submission of comments:
