Ch. VA 2 NoteNote: Chapter VA 2 as it existed on December 31, 1979 was repealed and a new chapter VA 2 was created effective January 1, 1980. Chapter VA 2 as it existed on April 30, 1986 was repealed and a new chapter VA 2 was created effective May 1, 1986.
Ch. VA 2 NoteNote: 2005 Wis. Act 22 repealed and recreated Ch. 45, Stats. Cross-references to Ch. 45, Stats., were corrected by the revisor under s. 13.93 (2m) (b) 7., Stats. VA 2.01VA 2.01 Subsistence and health care aid grant programs. VA 2.01(1g)(a)(a) The purpose of this section is to establish rules for the administration of the subsistence and health care aid grant programs, as authorized under s. 45.40, Stats. VA 2.01(1g)(b)(b) The subsistence and health care aid grant programs provide limited financial assistance to eligible veterans or their dependents who are in need. VA 2.01(1g)(c)(c) Grants may be used up to the maximum grant limits as specified in this section. VA 2.01(1r)(1r) Definitions. In this section the following terms shall have the designated meanings: VA 2.01(1r)(b)(b) “Applicant’s family” means the applicant’s spouse and dependents or, where the applicant is a dependent, the parents, stepparents, or any custodial guardians of the dependent. VA 2.01(1r)(c)(c) “Approved treatment programs” means treatment programs approved by the USDVA or alcohol and other drug treatment programs certified by the Wisconsin department of health services. VA 2.01(1r)(d)(d) “Available liquid assets” means cash on hand, including cash in checking, savings, money market or similar accounts, owned, either jointly or solely, by the applicant or the applicant’s family. VA 2.01(1r)(dm)(dm) “Change in refractive error” means an increase or decrease of sphere, cylinder or power of at least the following: sphere power of + or - .25 diopter; cylinder power of + or - .5 diopter; axis change of + or -.25 to .75 diopters at 5 degrees, + or – 1 to 2 diopters at 3 degrees or + or -2.25 or more diopters at 2 degrees. VA 2.01(1r)(e)(e) “Declaration of aid” means a written determination regarding the availability of county, state, or federal aid administered by the county for an applicant. A declaration of aid must be signed by a county official authorized to determine whether aid is available for an applicant and the applicant’s family and whether the applicant has accepted the aid available. VA 2.01(1r)(f)(f) “Dental care” means any care provided by a licensed dentist given to teeth, the supporting natural and artificial structures for teeth, and any replacement or restoration of teeth. VA 2.01(1r)(i)(i) “Description of benefits” means a written determination that an applicant is eligible for health care aid. A description of benefits expires 90 days after the date of eligibility is established and printed by the department unless extended by the department. VA 2.01(1r)(j)(j) “Earned income” means all anticipated family monthly take home earnings from employment including armed forces reserve and national guard pay, and work study payments, after all payroll deductions of the applicant and the applicant’s family except payroll deductions for savings plans and payment of debts. VA 2.01(1r)(k)(k) “Economic emergency” means a natural disaster which damages an applicant’s primary living residence, a medical emergency, the failure of the applicant’s sole means of transportation, or a severe disruption in essential household systems caused by a failure of the applicant’s stove, refrigerator, heating system, ventilating and air conditioning system, plumbing system, or electrical system such that it materially compromises the applicant’s ability to live. VA 2.01(1r)(kr)(kr) “Extended dental care” means a dental device, including dentures, that replaces one or more teeth and includes all dental preparation and the manufacture and fitting of the device. VA 2.01(1r)(L)(L) “Health care” means dental care, extended dental care, hearing care, and vision care. VA 2.01(1r)(m)(m) “Health care aid” means the payment by the department for health care. VA 2.01(1r)(n)(n) “Hearing care” means any care provided by a licensed audiologist related to hearing, including hearing exams or hearing aids. VA 2.01(1r)(o)(o) “Illness or injury” means a physical or mental health problem that has been diagnosed by a licensed physician, dentist, optometrist, or audiologist. VA 2.01(1r)(p)(p) “Month” means any consecutive 30-calendar day period. VA 2.01(1r)(q)(q) “Natural disaster” means a catastrophic occurrence over which the applicant or family members living with the applicant has no control, including, but not limited to, a fire, flood, tornado, blizzard, or earthquake. VA 2.01(1r)(r)(r) “Subsistence” means essential living expenses including current rent or mortgage payments on the applicant’s primary residence, food, current medical insurance premiums, current costs for prescribed medications, essential travel, child care required because of employment, educational, or medical reasons, and current costs for electricity, heat, basic internet service not otherwise covered within the applicant’s basic telephone service, and basic telephone service for the applicant’s primary residence. “Subsistence” also means any repairs or purchases required due to an economic emergency. VA 2.01(1r)(s)(s) “Subsistence aid” means the grant payment provided by the department for subsistence. VA 2.01(1r)(t)(t) “Unearned income” means the estimated amount the applicant and the applicant’s family receives in benefits or grants during any month from the USDVA or other government agencies, scholarships, fellowships, grants, tuition and fee waivers, all other definite awards other than loans, including amounts paid to the applicant or the applicant’s family or to the school on behalf of the applicant or applicant’s family for vocational rehabilitation by the USDVA or any other agency, income from trusts or inheritances, unemployment insurance benefits, worker’s compensation, social security payments, net rentals from real estate, interest or dividend income or other income not included under earned income. “Unearned income” does not include death benefits paid by the USDVA or other federal agencies. VA 2.01(1r)(u)(u) “Vision care” means a vision exam provided by a licensed vision care provider and a prescription for lens and frame. VA 2.01(2)(a)1.1. A grant application for subsistence aid shall be submitted on a form approved by the department. VA 2.01 NoteNote: The application for subsistence aid (form WDVA 2453) may be obtained at WisVets.com or by request: 1-800-WIS-VETS or 2135 Rimrock Road, PO Box 7843, Madison, WI 53707-7843.
VA 2.01(2)(a)2.2. The application may be submitted through a county veterans service officer, through any other department authorized agent, or directly to the department, either manually or electronically. VA 2.01(2)(a)3.3. The application shall be submitted to the department no later than 12 months following the verified loss of income due to illness, injury, or natural disaster. VA 2.01(2)(a)4.4. A declaration of aid shall be submitted with the application. The declaration shall state that the applicant has applied for all aid offered through or administered by the county, including aid from the federal or state government. VA 2.01(2)(a)5.5. The application shall list all of the applicant’s household assets and the household living expenses for the period of 6 months immediately preceding the date of the application. VA 2.01(2)(a)6.6. If requested by the department the applicant shall submit evidence establishing that all other available aid has been applied for and accepted. VA 2.01(2)(a)7.7. The department may request additional verification of any information provided in the application. VA 2.01(2)(a)8.8. The department shall notify the applicant or the applicant’s county veterans service officer if any required documentation is missing or if further verification is required to make a decision on the applicant’s eligibility. The department may terminate an application if such documentation or verification does not arrive at the department’s central office within 60 days of that notification. VA 2.01(2)(b)(b) Eligibility. An applicant is eligible to receive grant funds under this subsection when all of the following apply: VA 2.01(2)(b)1.1. The applicant satisfies the requirements of s. 45.01 (12), Stats., to be considered a veteran, or is a spouse or dependent of an individual who satisfies the requirements of s. 45.01 (12), Stats. VA 2.01(2)(b)2m.2m. The applicant has suffered a loss of income due to illness, injury, or natural disaster. If the loss of income is the result of alcohol or other drug abuse, the applicant shall verify current participation in a department-approved treatment program. VA 2.01(2)(b)3m.3m. Except for an applicant who is eligible under par. (d), the applicant’s household income may not exceed 200 percent of the federal poverty guidelines, in effect on the date the application arrives at the department’s central office, for the number of family members living in the primary residence. VA 2.01(2)(b)4.4. The applicant lacks other assets or income to meet basic subsistence needs and is not eligible to receive aid from other sources to meet those needs. VA 2.01(2)(c)(c) Unremarried surviving spouse and dependent of a veteran who dies in the line of duty. An unremarried surviving spouse and a dependent claiming eligibility due to the death of a veteran in the line of duty shall submit evidence from the appropriate military service indicating that the veteran died in the line of duty. VA 2.01(2)(d)(d) Spouse and dependent of activated or deployed member. A spouse and dependent of a member of the U.S. armed forces or of the Wisconsin national guard claiming eligibility shall submit evidence that the service member has been deployed or activated, that due to the activation or deployment a loss of income has occurred, that an economic emergency has occurred during the activation or deployment, and that the spouse and dependent are residents of the state. VA 2.01(2)(e)1.1. Subsistence aid is available for the 90-day period following the date of the verified loss of income due to illness, injury, or a natural disaster. VA 2.01(2)(e)2.2. An application for subsistence aid shall be submitted within 12 months following the date of the verified loss of income. VA 2.01(2)(e)3.3. Payments may be provided in 30-day increments or for a 90-day period, beginning with the date of eligibility, as determined by the application. VA 2.01(2)(e)4.4. Subsistence aid shall be limited to the difference between the amount of earned and unearned income available before the loss of income and the earned and unearned income being received after the loss of income, subject to the limitations under s. 45.40 (1m) (b) and (3), Stats. VA 2.01(2)(f)1.1. The applicant shall verify the loss of income by submitting verification of income forms, certified public accounting statements, or any other evidence the department deems credible. VA 2.01(2)(f)2.2. If the loss of income is due to an illness or injury, the illness or injury shall be verified in writing on a form approved by the department. VA 2.01 NoteNote: The Verification of Illness or Disability form (WDVA 2045) may be obtained at WisVets.com or by request: 1-800-WIS-VETS or 2135 Rimrock Road, PO Box 7843, Madison, WI 53707-7843.
VA 2.01(2)(f)3.3. When the department has evidence that the incapacitation will cause an income loss for 90 days or longer, subsistence grants will be prorated for each of the 30-day periods unless the department determines that an alternate distribution of the grant would benefit the applicant. VA 2.01(2)(g)1.1. An application approved by the department shall have the balance of the maximum available aid allocated unless the applicant indicates a lesser amount in writing. VA 2.01(2)(g)2.2. The maximum amount of subsistence aid payable in a consecutive 12-month period is $3,000. VA 2.01(3m)(a)1.1. A grant application for health care aid shall be submitted on a form approved by the department. VA 2.01 NoteNote: The grant application (form WDVA 2450) may be obtained at WisVets.com or by request: 1-800-WIS-VETS or 2135 Rimrock Road, PO Box 7843, Madison, WI 53707-7843.
VA 2.01(3m)(a)2.2. An application may be submitted through a county veterans service officer, through any other department-authorized agent, or directly to the department, either manually or electronically. VA 2.01(3m)(a)3.3. The application shall list all of the applicant’s household assets. VA 2.01(3m)(a)4.4. A declaration of aid shall be submitted with the application. The declaration shall state that the applicant has applied for all aid offered through or administered by the county, including aid from the state or federal government. VA 2.01(3m)(a)5.5. The department shall notify the applicant or the applicant’s county veterans service officer if any required documentation is missing or if further verification is required to make a decision on the applicant’s eligibility. The department may terminate an application if such documentation or verification does not arrive at the department’s central office within 60 days after that notification. VA 2.01(3m)(b)(b) Eligibility. An applicant is eligible to receive grant funds under this subsection when all of the following apply: VA 2.01(3m)(b)1.1. The applicant satisfies the requirements of s. 45.01 (12), Stats., to be considered a veteran, or is a spouse or dependent of an individual who satisfies the requirements of s. 45.01 (12), Stats. VA 2.01(3m)(b)2.2. Except for an applicant who is eligible under par. (f), the applicant’s household income may not exceed 200 percent of the federal poverty guidelines, in effect on the date the application arrives at the department’s central office, for the number of family members living in the primary residence. VA 2.01(3m)(b)3.3. The applicant’s liquid assets may not exceed $1,000. When determining the liquid assets of the veteran, the department may not include the first $50,000 of cash surrender value of any life insurance policy. VA 2.01(3m)(c)1.1. An application approved by the department shall have the balance of the maximum available aid allocated unless the applicant indicates a lesser amount in writing. VA 2.01(3m)(c)2.2. The department shall indicate on each description of benefits the type of aid authorized, the date the department confirmed that the applicant was eligible for the grant, a date 90 calendar days from that date, the unallocated amount available for the type of aid and for the cumulative limits of aid under this section, and the amount of aid being authorized. VA 2.01(3m)(c)3.3. The department’s determination of whether the veteran has sufficient available liquid assets to contribute towards a payment is based on verification of the applicant’s income at the time of the application. If the veteran’s income increases after the department determines eligibility, the veteran shall notify the department in writing within 30 days. The department shall determine whether the veteran remains eligible for future aid payments based on the veteran’s availability of liquid assets and capability to make payments on any outstanding statement balances from a health care provider. VA 2.01(3m)(d)1.1. No more than one description of benefits may be outstanding at any time, except where a health care provider has submitted a binding quote prior to the issuance of more than one description of benefits, and is willing to accept payment from this program in full for any service rendered to the applicant in accordance with the description of benefits. VA 2.01(3m)(d)2.2. The department shall pay the lesser amount of either the actual cost of services invoiced or the binding quote submitted by the health care provider. VA 2.01(3m)(d)3.3. No payment shall be made by the department unless an itemized written invoice is received by the department within 60 days of the expiration date, or any approved extension of that expiration date, as identified in the applicable description of benefits. VA 2.01(3m)(d)4.4. If the department does not receive an itemized written invoice within 60 days of the expiration date, or any approved extension of that expiration date, as identified in the applicable description of benefits, the healthcare provider, except for a department-approved payment, may not charge the applicant and shall only accept payments from any of the following sources: VA 2.01(3m)(d)5.5. An authorized application for health care aid may not be withdrawn without the agreement of the provider of the health care aid. VA 2.01(3m)(e)(e) Unremarried surviving spouse and dependent of a veteran who dies in the line of duty. An unremarried surviving spouse and a dependent claiming eligibility due to the death of a veteran in the line of duty shall submit evidence from the appropriate military service indicating that the veteran died in the line of duty. VA 2.01(3m)(f)(f) Spouse and dependent of activated or deployed member. A spouse and dependent of a member of the U.S. armed forces or of the Wisconsin national guard claiming eligibility shall submit evidence that the service member has been deployed or activated, that due to the activation or deployment a loss of income has occurred, that an economic emergency has occurred during the activation or deployment, and that the spouse and dependent are residents of the state. VA 2.01(3m)(g)1.1. The department may grant payments for health care aid to a health care provider if the health care services are rendered within 90 days after the department confirms that the applicant is eligible and only after a description of benefits has been transmitted to the applicant or the county veterans service officer. VA 2.01(3m)(g)2.2. The department may accept a second application for the health care listed on the first description of benefits if the department receives a statement from the health care provider, within 14 calendar days before the expiration listed on the first description of benefits, that the health care authorized is still being provided and that the patient will not incur costs.
