45.51 Eligibility for membership.

498 words·~2 min read·/wi/chapter-45/45-51-3

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(1)General statement. Within the limitations of veterans homes, the department may admit to membership in veterans homes persons who meet the qualifications set forth in this section.

(2)Eligibility.

(a)The following persons are eligible for benefits under this subchapter if they meet the applicable requirements of this subchapter:

1. A veteran.

2. A person who has 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 for 90 days or more and at least one day during a war period or under section 1 of executive order 10957, dated August 10, 1961.

3. A spouse or surviving spouse of a person under subd. 1. or 2. or a parent of a person who died while serving in the U.S. armed forces.

(b)A person under par.

(a)1. or 2. may be admitted to a veterans home if the person meets all of the following conditions:

2. Is permanently incapacitated due to physical disability or age from any substantially gainful occupation.

3. 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.

4. Provides a complete financial statement containing information that the department determines is necessary to evaluate the financial circumstances of the person. The department may require a member of a veterans home to provide the department with information necessary for the department to determine the financial circumstances of the person. If a person fails to provide the additional information, the department may discharge the person from the veterans home.

5. Has care needs that the veterans home is able to provide within the resources allocated for the care of members of the veterans home.

(3)Admission priorities.

1. In this paragraph, “physical care” includes skilled rehabilitation services following a hospital stay that meets the qualifications under 42 CFR 409.30 .

2. Except in cases where there is an immediate need for physical care or economic assistance, the department shall act on applications based upon the date of receipt of the application by the veterans home. The department may defer establishment of the priority date of the application to the date that the veterans 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.

(b)Spouses, surviving spouses, and parents derive their eligibility from the eligibility of the person under sub.

(a)1. or 2. Surviving spouses and parents of eligible persons under sub.

(a)1. or 2. are not eligible for admission to the Wisconsin Veterans Home at Union Grove, the Wisconsin Veterans Home at King, or the Wisconsin Veterans Home at Chippewa Falls unless a home’s overall occupancy level is below an optimal level as determined by the board.