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.
(d) Affliction with acute or chronic physical, behavioral, or mental health problems that significantly limit a veteran’s ability to be self-supporting.
(e) Insufficient monthly income and resources, as determined by the department, to pay for emergency assistance, such as any of the following:
1. Emergency housing.
2. Rental assistance.
3. Transportation.
4. Food.
5. Treatment.
6. Other assistance approved by the department.
(4) Additional benefit. Assistance under the program is additional to any other benefits or services a veteran is entitled to receive under any other program administered by the department.
(5) Ineligibility. An individual who is incarcerated in prison or whose needs exceed the scope or capabilities of the program is not eligible for enrollment in the program.
VA 11.04 Enrollment. (1) Written participation agreement. The department may enroll a participant in the program upon determination of eligibility under s. VA 11.03 by completing a written participation agreement between the participant and the department. (2) Terms of agreement. The term of the initial agreement shall be one year and automatically renew every six months thereafter unless terminated by the department or by the participant. The department may only terminate the agreement for the reasons specified under s. VA 11.06 (3). The participant may terminate the agreement at any time for any reason. The department shall specify all of the following in the agreement: (a) The participant’s enrollment and demographic information.
(b) The participant’s responsibilities under the program and the consequences of the participant’s failure to comply with those responsibilities consistent with s. VA 11.06 (3). (c) A provision informing the participant of the following rights:
