45.365(2m)(b)
(b) Agreements under this section shall be drafted to hold harmless the department, to require all expense thereof to be paid by the applicant, and to be terminable by the department when other water and sewer services become available to the applicant.
45.365(3)
(3) The commandant and employes designated by the commandant may summarily arrest all persons within or upon the grounds of the home who are guilty of any offense against the laws of this state or the rules and regulations governing the home. For this purpose the commandant and deputies have the power of constables.
45.365(5)
(5) The fire department at the home in response to emergency fire calls may make runs and render fire fighting service beyond the confines of the home.
45.37
45.37
Who are eligible to membership. 45.37(1)
(1)
General statement. Within the limitations of the facilities of the home, the department may admit to membership in the home persons who meet the qualifications set forth in this section.
45.37(1a)
(1a) Definition of veteran. Except as provided in
sub. (15) (a) and
(b), in this section "veteran" means any person who served on active duty under honorable conditions in the U.S. armed forces or in forces incorporated as part of the U.S. armed forces who was entitled to receive the armed forces expeditionary medal, established by
executive order 10977 on December 4, 1961, the Vietnam service medal established by
executive order 11231 on July 8, 1965, the navy expeditionary medal or the marine corps expeditionary medal or who served in Bosnia, Grenada, Lebanon, Panama, Somalia or a Middle East crisis under
s. 45.34 or any person who served for at least one day during a war period, as defined in
s. 45.35 (5) (e) or under section 1 of
executive order 10957, dated August 10, 1961, and who was officially reported missing in action or killed in action or who died in service, or who was discharged under honorable conditions after 90 days or more of active service, or if having served less than 90 days was honorably discharged for a service-connected disability or for a disability subsequently adjudicated to have been service connected, or who died as a result of service-connected disability.
45.37(2)
(2) Basic eligibility requirements. A veteran may be admitted to the home if the veteran:
45.37(2)(a)
(a)
Residence. Was a resident of this state at the time of entering service with the armed forces and is a resident of this state on the date of admission to the home.
45.37(2)(b)
(b)
Disability test. Is permanently incapacitated due to physical disability or age from following any substantially gainful occupation.
45.37(2)(d)
(d)
Crimes. Has not been convicted of a felony or of a crime involving moral turpitude or, if so, has produced sufficient evidence of subsequent good conduct and reformation of character as to be satisfactory to the department.
45.37(2)(e)
(e)
Chronic ailments. Is not a chronic alcoholic, drug addict, psychotic or active tuberculosis case, unless the department determines that the home is capable of providing satisfactory care for the person.
45.37(2)(f)
(f)
Financial information. Provides a complete financial statement containing information that the department determines is necessary to evaluate the financial circumstances of the veteran and his or her spouse. The department may require a member of the home to provide the department with information necessary for the department to determine the financial circumstances of the member and his or her spouse. If a member fails to provide the additional information, the department may discharge the member from the home.
45.37(2)(h)
(h)
Care needs. Has care needs which the home is able to provide within the resources allocated for the care of members of the home.
45.37(3)
(3) Exceptions to the basic eligibility requirements. 45.37(3)(a)(a) Under 50 years of age. A disabled veteran under 50 years of age, if otherwise qualified, may be admitted if unable to secure adequate care from the federal government.
45.37(3)(b)
(b)
Nonresident. A veteran who was not a resident of this state at the time of enlistment or induction into service but who is otherwise qualified for membership may be admitted if the veteran has been a resident of this state for any consecutive 5-year period after completing service on active duty and before the date of application. If a person applying for a benefit under this subchapter meets that 5-consecutive-year residency requirement, the department may not require the person to reestablish that he or she meets the 5-consecutive-year residency requirement when he or she later applies for any other benefit under this chapter that requires a 5-consecutive-year residency.
45.37(4)(a)(a)
Order of eligibility of veterans. Applications from veterans except in cases where there is an immediate need for physical care or economic assistance shall be passed upon in order of priority based upon the date of receipt of the application by the home. Establishment of the priority date of the application may be deferred to the date that the home is able to verify its ability to provide appropriate care to the applicant or to assure that the appropriate care setting is available within the home.
45.37(4)(b)
(b)
Basis for eligibility of nonveterans. Spouses, surviving spouses and parents derive their eligibility from the eligibility of the veteran upon whose service it is based. Surviving spouses and parents of eligible veterans shall not be eligible except for those admitted prior to May 5, 1976 or unless the home's overall occupancy level is below an optimal level as determined by the board.
45.37(4)(c)
(c)
Order of priority. The order of priority for admission to the home shall be as follows:
45.37(4)(c)2.
2. Spouses of eligible veterans shall be given 2nd priority;
45.37(4)(c)3.
3. Surviving spouses of eligible veterans shall be given 3rd priority;
45.37(4)(c)4.
4. Parents of eligible veterans shall be given 4th priority;
45.37(4)(c)5.
5. The department may deviate from this sequence upon order of the board in order to prevent the separation of a family unit of husband and wife.
45.37(5)
(5) Additional eligibility requirements of a spouse of a veteran. A spouse of an eligible veteran is eligible only if the spouse meets the requirements of
sub. (2) (d) to
(h) and if:
45.37(5)(a)
(a) The veteran is a member, or if not a member is institutionalized elsewhere because of physical or mental disability, and the spouse had lived with the veteran for not less than 6 months immediately before making application for membership.
45.37(5)(b)
(b) Separation from such spouse necessitated by reason of employment, hospitalization or because of a physical or mental disability of either spouse shall not be taken to constitute an interruption of such one-year period.
45.37(5)(c)
(c) A spouse of an eligible veteran by virtue of a bona fide marriage invalidly entered into but validated prior to application for admission shall, for the purpose of this subsection and
sub. (6), be considered married to such eligible veteran from the date such invalid marriage was entered into.
45.37(6)
(6) Additional eligibility requirements of a surviving spouse. The surviving spouse of a veteran who was a resident of this state at the time of the veteran's death, is eligible if the surviving spouse meets the requirements of
sub. (2) (d) to
(h) and if the surviving spouse:
45.37(6)(a)
(a) Was married to and living with the deceased veteran not less than 6 months immediately prior to the death of the veteran, or was married to the veteran at the time the veteran entered the service and was widowed by the death of the veteran in the service or as a result of physical disability incurred during such service, or the period during which the surviving spouse was married to and lived with the deceased veteran plus the period of widowhood is 6 months or more, or if the surviving spouse was married to and living with the veteran less than 6 months and a child was born of the marriage; and
45.37(6)(c)
(c) Is 45 years of age or over on the date of application; and
45.37(6)(e)
(e) Is unable adequately to care for himself or herself and lacks adequate means of support; and
45.37(6)(f)
(f) Has been a resident of this state for the 5 years immediately preceding the date of application for membership.
45.37(7)
(7) Additional eligibility requirements of parents. The parent of a veteran who was a resident of this state at the time of the veteran's death or, the parent of a living veteran who is eligible for membership, is eligible if the parent meets the requirements of
sub. (2) (d) to
(h) and if the parent:
45.37(7)(b)
(b) Has been a resident of this state for the 5 years next preceding the date of application for membership; and
45.37(7)(c)
(c) Is physically disabled, unable adequately to care for himself or herself and lacks adequate means of support.
45.37(8)
(8) Effect of change in standards. The members of the home on July 7, 1949 shall not be required to requalify for membership because of changes made in eligibility standards unless they are subsequently discharged and later apply for reentry into the home, or unless the financial or physical status of any member has changed or improved so that the member would no longer be eligible for admission under the standards applicable at the time of admission.
45.37(9)
(9) Member income retention and payment. 45.37(9)(c)(c)
Work therapy program compensation. The board shall establish a pay plan for compensation of members for services rendered to the home under its work therapy program.
45.37(9)(d)
(d)
Member payments. Members shall pay the amount due the state for care and maintenance of the member within 30 days after the receipt of the home's billing statement by the member or by the member's personal representative. The department may subject any bill not paid within 30 days after receipt of the billing statement to an interest assessment of 1% per month or fraction of a month. If payment is not made within 60 days after the receipt of the billing statement, the department may discharge the member from the home.
45.37(9)(e)
(e)
U.S. department of veterans affairs payments. Payment of amounts due the state for care and maintenance of a member shall be made to the fullest extent possible from sources of income other than pension or compensation paid by the U.S. department of veterans affairs.
45.37(9)(g)
(g)
Work therapy or hobby shop income. A member is not required to use income received from services rendered to the home under its work therapy program or from the sale of products or services through the hobby shop as payment for the care or maintenance of the member at the home.
45.37(9)(h)
(h)
Home exchange. The operation of the home exchange, including the operation of the hobby shop for the sale of products made by all members, shall be conducted under the supervision of the department.
45.37(9c)
(9c) Personal funds of member. A member may, in writing, authorize the home to receive, hold and account for his or her personal funds.
Section 49.498 (8) and the rules promulgated under that subsection apply to the funds of a member held by the home under this subsection. The department may transfer the personal funds of a member received under this subsection to the Wisconsin veterans home members fund under
s. 25.37. Upon request of the member, the department shall pay to the member the amount of the member's personal funds requested by the member.
45.37(9d)
(9d) Medical assistance payments. All moneys received under title XIX of the social security act for the care of members shall be transferred to the appropriation under
s. 20.485 (1) (gk).
45.37(10)
(10) Conveyance of property; descent. 45.37(10)(a)(a) Except as otherwise provided in this subsection, the application and admission of any applicant admitted under this section shall constitute a valid and binding contract between such member and the department. If a member dies leaving a relative that is entitled to an interest in the property of the member under the rules of intestate succession or a will the existence of which is made known to the commandant of the home within 60 days of such member's death, the member's property shall constitute a part of the member's estate, except that personal effects of nominal monetary value of such a deceased member who is not survived by a member spouse may be distributed by the commandant to surviving relatives of such member who request such personal effects within a reasonable time after such member's death.
45.37(10)(c)
(c) The department may manage, sell, lease or transfer property descending to the state pursuant to this section or conveyed to it by members, defend and prosecute all actions concerning it, pay all just claims against it, and do all other things necessary for the protection, preservation and management of such property. All expenditures necessary for the execution of functions under this paragraph or
sub. (11) shall be made from the appropriation in
s. 20.485 (1) (h).
45.37(10)(d)
(d) A person who at the time of death is a member of the home is a resident of Waupaca county for the probate of the person's will and issuance of letters testamentary and the administration of the estate.
45.37(11)
(11) Disposition of property descending to state. If a member dies without a relative that is entitled to an interest in the property of the member under the rules of intestate succession and without leaving a will the existence of which is made known to the commandant of the home within 60 days of the member's death, the member's property shall be converted to cash and turned over by the commandant of the home to the state treasurer to be paid into the appropriation under
s. 20.485 (1) (h), without administration. The amount is subject to refund within 6 years to the estate of a veteran if it is subsequently discovered that the veteran left a will or a relative that is entitled to an interest in the property of the member under the rules of intestate succession or to any creditor of the veteran who establishes right to the fund or property or any portion thereof. The department, upon being satisfied that a claim out of such funds or property is legal and valid, shall pay the same out of such funds or property, except that payment of claims for a member's funeral and burial expenses may not exceed a total of $1,500 including any amount allowed by the United States for the member's funeral and burial and the right for burial and interment provided in
sub. (15) (a).
45.37(12)
(12) Certificates of lien. All certificates of lien filed prior to July 31, 1975 are void and shall be released by the department upon request without consideration.
45.37(14)
(14) Powers of commandant over personal funds of members. The commandant of the home may receive, disburse and account for funds of members of the home.
45.37(15)
(15) Eligibility for burial and interment at the home. 45.37(15)(a)(a) A person who is eligible under
s. 45.358 (3) for burial at a veterans cemetery is eligible for burial and interment at the cemetery of the home known as the "Wisconsin Veterans Memorial Cemetery". The cost of preparing the grave and the erection of a marker for a veteran, as defined in
s. 45.358 (1) (b), shall be paid from the appropriation made by
s. 20.485 (1) (gk).
45.37(15)(b)
(b) Application for burial shall be made to the department. The surviving spouse of the veteran, as defined in
s. 45.358 (1) (b), shall have the privilege of selecting a lot next to the veteran if available. Permission shall be given by the department for a period of one year from date of granting, but may be extended, on request, for additional one-year periods.
45.37(15)(c)
(c) Expenses incident to the burial at the home of a member shall be paid from the estate of the decedent, except that if there is no estate or the estate is insufficient, the expense of burial, or necessary part thereof, shall be paid from the appropriation under
s. 20.485 (1) (gk) and the amount expended therefor shall not exceed the amount established for funeral and burial expenses under
s. 49.30 (1) (b).
45.37(17)
(17) Additional eligibility requirements. Any person admitted to the home after December 31, 1973, shall meet during residence at the home the eligibility requirements under
ss. 49.45 and
49.46 and rules promulgated thereunder except that:
45.37(17)(a)
(a) Persons with sufficient income and resources to meet the expenses of care for one or more months may be admitted to or remain in membership at the home but shall apply income and resources to costs to the extent required by
ss. 49.45 and
49.46 and rules promulgated thereunder; or
45.37(17)(b)
(b) Persons who meet all the requirements of this section but whose degree of physical disability does not meet the minimum requirements in
ss. 49.45 and
49.46 and rules promulgated thereunder may be admitted to or remain in membership at the home but shall apply income and resources to costs to the extent required by
ss. 49.45 and
49.46 and rules promulgated thereunder.
45.37 History
History: 1971 c. 40,
42,
198;
1973 c. 90,
147;
1973 c. 333 ss.
84,
85,
86,
201m;
1975 c. 39,
94,
199,
224;
1977 c. 29;
1977 c. 105 s.
59;
1977 c. 237,
309;
1977 c. 418 s.
924 (50);
1977 c. 447 s.
206;
1979 c. 34;
1979 c. 110 s.
60 (13);
1979 c. 221;
1981 c. 20 ss.
733m,
2202 (55) (a);
1981 c. 390;
1983 a. 27,
368,
430;
1985 a. 29,
135;
1985 a. 332 s.
251 (1);
1987 a. 27,
399;
1989 a. 31,
56;
1991 a. 2,
39,
102,
189;
1993 a. 16,
254;
1995 a. 123,
255.
45.37 Annotation
An application for admission to the home constitutes a contract for purposes of 45.37 (9), and a resident must surrender property only as called for by the statute at the time of application, not as later amended. Estate of Nottingham, 46 W (2d) 580, 175 NW (2d) 640.
45.375
45.375
Hospital at Wisconsin Veterans Home. 45.375(1)
(1) The department of veterans affairs may establish a hospital at the Wisconsin Veterans Home at King.
45.375(2)
(2) A hospital established under
sub. (1) may not have an approved bed capacity, as defined in
s. 150.01 (4m), greater than 16 beds. The approved bed capacity of the nursing home licensed under
s. 50.03 on July 1, 1995, and operated at the Wisconsin Veterans Home at King is reduced by one bed for each approved bed at the hospital established under
sub. (1).
45.375 History
History: 1995 a. 20,
27.
45.38
45.38
Department, additional powers to provide structures, facilities and permanent improvements. 45.38(1)
(1) In this section unless the context requires otherwise:
45.38(1)(a)
(a) "Existing building" in relation to any conveyance, lease or sublease made under
sub. (2) (a) 1.,
2. and
3. means all detention, treatment, administrative, recreational, infirmary, hospital, vocational and academic buildings; all dormitories and cottages; all storage facilities, heating plants, sewage disposal plants and such other buildings, structures, facilities and permanent improvements as in the judgment of the board are needed or useful for the purposes of the department, and all equipment therefor and all improvements and additions thereto which were erected, constructed or installed prior to the making of such conveyance, lease or sublease.
45.38(1)(b)
(b) "New building" in relation to any conveyance, lease or sublease made under
sub. (2) (a) 1.,
2. and
3. means all detention, treatment, administrative, recreational, infirmary, hospital, vocational and academic buildings; all dormitories and cottages; all storage facilities, heating plants, sewage disposal plants, and such other buildings, structures, facilities and permanent improvements as in the judgment of the board are needed or useful for the purposes of the department, and all equipment therefor and all improvements and additions thereto which are erected, constructed or installed after the making of such conveyance, lease or sublease.
45.38(1)(c)
(c) "Nonprofit corporation" means a nonstock, nonprofit corporation organized under
ch. 181 or any law amendatory thereof or supplemental thereto.
45.38(2)
(2) The department shall have and may exercise the powers and duties provided in this section.
45.38(2)(a)
(a) In order to provide new buildings and to enable the construction and financing thereof, to refinance indebtedness hereafter created by a nonprofit corporation for the purpose of providing a new building or buildings or additions or improvements thereto which are located on land owned by, or owned by the state and held for, the department or on lands of the institutions under the jurisdiction of the department or by the nonprofit corporation, or for any one or more of said purposes, but for no other purpose unless authorized by law, the department has the following powers and duties:
45.38(2)(a)1.
1. Without limitation by reason of any other provisions of the statutes, the power to sell and to convey title in fee simple to a nonprofit corporation any land and any existing buildings thereon owned by, or owned by the state and held for, the department or of any of the institutions under the jurisdiction of the department for such consideration and upon such terms and conditions as in the judgment of the board are in the public interest.
45.38(2)(a)2.
2. The power to lease to a nonprofit corporation for a term or terms not exceeding 50 years each any land and any existing buildings thereon owned by, or owned by the state and held for, the department or of any of the institutions under the jurisdiction of the department upon such terms and conditions as in the judgment of the board are in the public interest.
45.38(2)(a)3.
3. The power to lease or sublease from such nonprofit corporation, and to make available for public use, any land or any such land and existing buildings conveyed or leased to such nonprofit corporation under
subds. 1. and
2., and any new buildings erected upon such land or upon any other land owned by such nonprofit corporation, upon such terms, conditions and rentals, subject to available appropriations, as in the judgment of the board are in the public interest.
45.38(2)(a)4.
4. The duty to submit the plans and specifications for all such new buildings and all conveyances, leases and subleases made under this section to the department of administration and the governor for written approval before they are finally adopted, executed and delivered.
45.38(2)(a)5.
5. The power to pledge and assign all or any part of the revenues derived from the operation of any land or such new buildings as security for the payment of rentals due and to become due under any lease or sublease of such new buildings under
subd. 3.
45.38(2)(a)6.
6. The power to covenant and agree in any lease or sublease of any land or new buildings made under
subd. 3. to impose fees, rentals or other charges for the use and occupancy or other operation of such new buildings in an amount calculated to produce net revenues sufficient to pay the rentals due and to become due under such lease or sublease.
45.38(2)(a)7.
7. The power to apply all or any part of the revenues derived from the operation of any land or existing buildings to the payment of rentals due and to become due under any lease or sublease made under
subd. 3.
45.38(2)(a)8.
8. The power to pledge and assign all or any part of the revenues derived from the operation of any land or existing buildings to the payment of rentals due and to become due under any lease or sublease made under
subd. 3.
45.38(2)(a)9.
9. The power to covenant and agree in any lease or sublease made under
subd. 3. to impose fees, rentals or other charges for the use and occupancy or other operation of any land or existing buildings in an amount calculated to produce net revenues sufficient to pay the rentals due and to become due under such lease or sublease.
45.38(2)(a)10.
10. The power and duty, upon receipt of notice of any assignment by any such nonprofit corporation of any lease or sublease made under
subd. 3., or of any of its rights under any such sublease, to recognize and give effect to such assignment, and to pay to the assignee thereof rentals or other payments then due or which may become due under any such lease or sublease which has been so assigned by such nonprofit corporation.
