Wisconsin Administrative Code (Last Updated: January 10, 2017) |
Agency VA. Department of Veterans Affairs |
Chapter 6. Wisconsin Veterans Homes |
Section 6.01. Admission and care of members.
Latest version.
- (1) Objective. The department or its designated contractor under s. 45.50 (2m) (c) , Stats., shall maintain and operate the Wisconsin veterans homes and shall admit as members eligible veterans; their eligible spouses, surviving spouses, and parents; and eligible parents of any child who died while serving in the armed forces of the United States. The department or its designated contractor shall provide directly to all members, or ensure that all members receive, personal maintenance and medical and nursing care, including programs and facilities which promote comfort, recreation, well-being, and rehabilitation. The department shall be the payer of last resort for the personal maintenance care, medical and nursing care, programs, and facilities provided under this subsection and subs. (11) and (12) that are not paid for by the designated contractor or 3rd parties.(2) Application.(a) Except as provided in par. (b) , no person may be admitted to a home unless the person has submitted an application on forms furnished by the home and the application has been approved by the commandant. Each question shall be fully and accurately answered and the completed application shall be properly executed. An applicant shall authorize the department to conduct a background check of his or her criminal record. Upon admission of the applicant as a member, the completed application shall be a valid and binding contract by and between the member and the home.(b) A person may be admitted into a home on a conditional basis pending the completion of the processing of his or her application.(3) Documents required.(a) For the purpose of proving eligibility under s. 45.51 (2) , Stats., the applicant shall provide all of the following documents with the application:1. A complete financial statement of the applicant.2. A physician's report of physical examination.3. An original or a certified or verifiable copy of each report of separation or discharge of the applicant or the veteran upon whose eligibility the applicant is relying for all periods of active service in the armed forces of the United States.(b) All documents required under par. (a) , other than originals or certified or verifiable copies of reports of separation, shall be required of an applicant who applies for readmission to a home more than 60 days after discharge from the home. Updates of documents required under par. (a) may be requested from an applicant who applies for readmission within 60 days of discharge.(4) Spouse. In addition to the documents required under sub. (3) , an applicant who is a spouse of a veteran shall furnish a certified copy of his or her certificate of marriage to the veteran or any other verifiable evidence of marriage that is acceptable to the department.(5) Surviving spouse. In addition to the documents required under subs. (3) and (4) , an applicant who is a surviving spouse of a veteran shall furnish a certified or verifiable copy of the veteran's death certificate.(6) Parent. In addition to the information required under sub. (3) , an applicant who is a parent of a veteran or of a child who died while serving in the armed forces of the United States shall furnish a certified or verifiable copy of the public record of birth of the veteran or child through whom eligibility is claimed and a certified or verifiable copy of the veteran's or the child's death certificate.(7) Eligibility, determination. If the applicant or the county veterans service officer assisting the applicant with the application requests a review of a determination of ineligibility, the matter shall be referred to the secretary for review.(8) Readmission. A former member may be readmitted to a home only if he or she submits a new application with the documents required under sub. (3) (b) and the application is approved by the commandant on the basis of the commandant's determination that the home is able to provide appropriate care for the applicant. A former member who was given an undesirable or dishonorable discharge may be readmitted only if the commandant is satisfied that the conduct leading to the discharge will not be repeated. The commandant may also require that an applicant for readmission shall have paid all moneys which the applicant owed to the home.(9) Dependents of members. Nonmember dependents of members may not be quartered or maintained at a home, except under the policy for guests established by the commandant.(10) Quarters, assignment. Assignment of quarters to members shall be based on the availability of space appropriate to the members' needs.(11) Personal maintenance. The department or its designated contractor under s. 45.50 (2m) (c) , Stats., shall provide directly to all members, or shall ensure as payer of last resort that all members receive, items for personal maintenance as their needs may require. These items shall include clothing, toiletries, and necessary aids to good grooming, including barber and beautician services.(12) Medical and nursing care. The department or its designated contractor under s. 45.50 (2m) (c) , Stats., shall provide directly to all members, or shall ensure as payer of last resort that all members receive, medical and nursing care as their needs may require. Medical and nursing care includes physician's services, hospitalization, medications, special diets, dental care including dental prosthesis, eye glasses, braces, hearing aid batteries and repairs, and ancillary medical care services.(15) Admission, denial or deferral. Notwithstanding sub. (1) , the department may defer or deny an applicant's admission to a home when the commandant determines that the home is unable to provide appropriate care to the applicant.(16) Charges for care and maintenance. Charges for care and maintenance shall be computed every January for the various categories of care provided by a home. The computations shall be based upon the estimated costs of care to be incurred by the home for the succeeding annual period. The department may update charges in July to reflect changes in costs during the year. Charges shall be made for actual care and maintenance provided to a member.(17) Definition — "published". For the purposes of this chapter, "published" means printing of regulations, making them available to members, employees, and visitors, and posting them on a bulletin board in a public place on the grounds of a home.