Explanation of agency authority:
Section 45.03 (2), Stats., provides that the Secretary may promulgate rules necessary to carry out the purposes of Chapter 45 of the Wisconsin Statutes and the powers and duties conferred upon it. Related statute or rule:
None
Plain language analysis:
The objective of the proposed rule is to create a new rule chapter designated as Wisconsin Administrative Code Chapter VA 11, Veterans Outreach and Recovery Program. The proposed rule establishes rules for the implementation and administration of the veterans outreach and recovery program. The goal of the veterans outreach and recovery program is to assist and support veterans who are homeless or at risk of homelessness, have a mental health or substance use disorder, and to assist the veterans with all aspects of daily living with a focus on home, health, recovery, purpose, and community.
The proposed rules define terms and specify application procedures, eligibility requirements, assessment of applicants, terms of assistance provided, and create other provisions necessary to administer the program.
Summary of, and comparison with, existing or proposed federal regulation:
38 U.S. Code §§ 2021-2023 provides for USDVA officials to develop a coordinated plan for outreach to veterans at risk of homelessness. The outreach plan is required to include strategies to ensure that mentoring programs, recovery support groups, and other support networks are optimally available to veterans to increase access to case management services, employment services, and the appropriate referral sources for mental health and substance abuse services. In developing and carrying out the program, the USDVA is required to consult with public and private organizations for assistance in identifying and contacting veterans who are homeless or at risk of homelessness and to coordinate appropriate outreach activities and services provided by those organizations.
Comparison with rules in adjacent states:
Illinois: Illinois statutes provide appropriations for grant programs to entities for establishing mobile assistance units to provide mental health and preventive health screenings and services, crisis intervention, with an emphasis on targeting homeless veterans and other veterans facing obstacles, including those in rural and medically underserved areas. Additionally, Illinois statutes provide for the Illinois Veterans Assistance Fund, which is funded, in part, from revenue from the Illinois veterans scratch-off game for the purpose of funding grants, services, and programs, and projects relating to veterans post-traumatic stress disorder and homelessness.
Iowa: Iowa statutes provide appropriations for the Iowa Veterans Trust Fund for the benefit of veterans and the spouses and dependents of veterans. Moneys may be expended on individual counseling or family counseling programs, rental housing assistance for veterans who meet the definition of homeless or monetary assistance on a one-time basis to prevent homelessness, and expenses related to survivor outreach activities.
Michigan: Michigan statues provide appropriations for the Michigan Veterans Trust Fund and may be used to provide temporary financial assistance to veterans.
Minnesota: The Minnesota Department of Veterans Affairs administers a subsistence aid program that provides temporary financial assistance with certain living expenses for eligible veterans. The Minnesota "Support Our Troops" is a special revenue fund that may be used for outreach to underserved veterans and to provide services and programs for veterans and their families.
Summary of factual data and analytical methodologies:
The Wisconsin Department of Veterans Affairs designed the Veterans Outreach and Recovery Program (VORP) to connect veterans to community services and provide case management and support, with a focus on treatment and recovery.
In 2014, WDVA collaborated with the Department of Health Services to develop the initial veterans outreach and recovery program that covered 49 counties in Wisconsin using two one-time federal grants. The federal grants expired, resulting in the termination of the program at the end of 2017.
The 2017 Wisconsin Act 295, enacted on April 16, 2018, made an appropriation, and created the Veterans Outreach and Recovery Program as a pilot program, enabling the Department to expand the program to include all 72 counties, expand eligibility, and provided a more stable funding source. The program was coordinated by 2 supervisors and 11 regional veterans outreach and recovery coordinators. The pilot program sunset on July 1, 2019. The 2019 Wisconsin Act 9, enacted on July 3, 2019, created s. 45.48, Stats., and provides a permanent appropriation for the program under s. 20.485 (2) (qs), Stats., requiring the Department to administer a program for the provision of outreach, mental health services, and support to Wisconsin veterans. Pursuant to ss. 45.03 (2m) and 227.14 (2) (a) 6m., Stats., administrative rules prepared by the Department of Veterans Affairs must be provided to the Board of Veterans Affairs. The Board may prepare a report containing written comments and its opinion regarding the proposed rules. The Board voted unanimously to approve the proposed rules and offered no additional comments. Analysis and supporting documents used to determine effect on small business or in preparation of economic impact analysis:
The Fiscal Estimate and Economic Impact Analysis is attached.
Fiscal Estimate and Economic Impact Analysis:
The department posted the rule on the department’s website for 14 days to solicit economic impact comments. The Department received comments from one individual. The comments were not directly related to the economic impact of the proposed rules.
Effect on small business:
The proposed rules do not affect small business.
Agency Contact:
Mindy Allen, Administrative Rules Coordinator
Department of Veterans Affairs, Office of the Secretary
P.O. Box 7843, Madison, WI 53707-7843
Place and deadline for the submission of public comments:
The deadline to submit public comments was April 17, 2020.
TEXT OF RULE
SECTION 1. Chapter VA 11 is created to read: VETERANS OUTREACH AND RECOVERY PROGRAM
VA 11.01 Purpose. The purpose of this chapter is to establish rules for the implementation and administration of the veterans outreach and recovery program that provides case management, referrals for services, or assistance for all aspects of daily living to eligible individuals who may have a mental health or substance use disorder and reside in this state.
VA 11.02 Definitions. In this chapter:
(1) “Case management” means an organized process to ensure appropriate treatment, rehabilitation, and services are available to a participant in a planned, coordinated, efficient, and effective manner to promote a high quality and cost-effective intervention and outcome.
(2) “Community provider” means an individual or public or private agency that is approved by the department to provide services to a participant.
(3) “Participant” means an individual who is enrolled in the program by entering into a written agreement with the department and meets the eligibility requirements under s. VA 11.03. (4) “Program” means the veterans outreach and recovery program authorized under s. 45.48, Stats. VA 11.03 Eligibility criteria. (1) Residency, veteran status, and need. An individual eligible for enrollment in the program shall reside in this state, may have a mental health condition or substance use disorder, and shall meet one of the following conditions:
(a) Is serving in the national guard of any state or a reserve component of the U.S. armed forces.
(b) Served on active duty in the U.S. armed forces, forces incorporated as part of the U.S. armed forces, a reserve component of the U.S. armed forces, or the national guard of any state and was discharged under conditions other than dishonorable.
(2) Assessment. The department shall conduct a pre-enrollment assessment to determine an individual’s eligibility for enrollment in the program and the appropriate level of assistance to be provided.
(3) Need for assistance. An individual is eligible for enrollment if the department determines after conducting an assessment that the individual meets the requirements specified in sub. (1) and may have any of the following needs:
(a) Homelessness or conditions that indicate that the veteran is at risk of becoming homeless.
(b) Substance use issues.
(c) Unemployment or underemployment that significantly limits a veteran’s ability to be self-supporting.
