45.51 Eligibility for membership.

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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.

1. The categories for the order of priority for admission to a veterans home shall be as follows:

a. Eligible persons under sub.

(a)1. or 2. have 1st priority.

b. Spouses of eligible persons under sub.

(a)1. or 2. have 2nd priority.

c. Surviving spouses of eligible persons under sub.

(a)1. or 2. have 3rd priority for admission.

d. Parents of eligible persons under sub.

(a)1. or 2. have 4th priority for admission.

1m. Within each category specified in subd. 1. , the following order of priority shall apply:

a. A person who is a resident of the state on the date of application for membership in a veterans home and who has been residing continuously in the state for a period of more than 6 months immediately preceding the date of application for membership has first priority for admission.

b. A person who is a resident of the state on the date of application for membership in a veterans home and who has been residing continuously in the state for a period of 6 months or less immediately preceding the date of application for membership has 2nd priority for admission.

c. A person who is not a resident of the state on the date of application for membership in a veterans home has 3rd priority for admission.

2. The department may deviate from this sequence upon order of the board to prevent the separation of a husband and wife.

(4)Additional eligibility requirements of a spouse of a veteran.

(am)Except as provided in par.

(bm), a spouse of an eligible person under sub.

(a)1. or 2. is eligible only if the spouse meets the requirements of sub.

(b)3. to 5. and if all of the following apply:

1. The person under sub.

(a)1. or 2. is a member, or if not a member is institutionalized elsewhere because of physical or mental disability, and the spouse had lived with the person for not less than 6 months immediately before making application for membership.

2. Separation from the spouse necessitated by reason of employment, hospitalization, or because of a physical or mental disability of either spouse may not be taken to constitute an interruption of the 6-month period.

3. A spouse of an eligible person under sub.

(a)1. or 2. by virtue of a marriage that was void when entered into but validated under s. 765.21 before applying for admission shall, for the purpose of this paragraph and sub.

(6), be considered married to the eligible person under sub.

(a)1. or 2. from the date the marriage was entered into.

(bm)A spouse of an eligible person under sub.

(a)1. or 2. is eligible if the spouse meets the requirements of sub.

(b)2. to 5. , and the spouse had lived with the person for not less than 6 months immediately before making application for the membership. Separation from the spouse necessitated by reason of employment, hospitalization, or because of a physical or mental disability of either spouse may not be taken to constitute an interruption of the 6-month period under this paragraph. A spouse of an eligible person under sub.

(a)1. or 2. by virtue of a marriage that was void when entered into but validated under s. 765.21 before applying for admission shall, for the purpose of this paragraph and sub.

(6), be considered married to the eligible person under sub.

(a)1. or 2. from the date the marriage was entered into.

(5)Additional eligibility requirements of a surviving spouse. The surviving spouse of a person under sub.

(a)1. or 2. is eligible if the surviving spouse meets the requirements of sub.

(b)3. to 5. and if the surviving spouse satisfies all of the following conditions: