Chapter VA 11

VA 11.02   Definitions.

VA 11.03   Eligibility criteria.

VA 11.04   Enrollment.

VA 11.05   Provision of services.

VA 11.06   Program participation.

VA 11.07   Administration.

VA 11.01 VA 11.01 Purpose. The purpose of this chapter is to establish rules for the implementation and administration of the veterans outreach and recovery program that provides case management, referrals for services, or assistance for all aspects of daily living to eligible individuals who may have a mental health or substance use disorder and reside in this state.

VA 11.01 History History: CR 20-013: cr. Register March 2022 No. 795, eff. 4-1-22.

VA 11.02 VA 11.02 Definitions. In this chapter:

VA 11.02(1) (1) “Case management” means an organized process to ensure appropriate treatment, rehabilitation, and services are available to a participant in a planned, coordinated, efficient, and effective manner to promote a high quality and cost-effective intervention and outcome.

VA 11.02(2) (2) “Community provider” means an individual or public or private agency that is approved by the department to provide services to a participant.

VA 11.02(3) (3) “Participant” means an individual who is enrolled in the program by entering into a written agreement with the department and meets the eligibility requirements under s. VA 11.03.

VA 11.02(4) (4) “Program” means the veterans outreach and recovery program authorized under s. 45.48, Stats.

VA 11.02 History History: CR 20-013: cr. Register March 2022 No. 795, eff. 4-1-22.

VA 11.03 VA 11.03 Eligibility criteria.

VA 11.03(1) (1) Residency, veteran status, and need. An individual eligible for enrollment in the program shall reside in this state, may have a mental health condition or substance use disorder, and shall meet one of the following conditions:

VA 11.03(1)(a) (a) Is serving in the national guard of any state or a reserve component of the U.S. armed forces.

VA 11.03(1)(b) (b) Served on active duty in the U.S. armed forces, forces incorporated as part of the U.S. armed forces, a reserve component of the U.S. armed forces, or the national guard of any state and was discharged under conditions other than dishonorable.

VA 11.03(2) (2) Assessment. The department shall conduct a pre-enrollment assessment to determine an individual’s eligibility for enrollment in the program and the appropriate level of assistance to be provided.

VA 11.03(3) (3) Need for assistance. An individual is eligible for enrollment if the department determines after conducting an assessment that the individual meets the requirements specified in sub. (1) and may have any of the following needs:

VA 11.03(3)(a) (a) Homelessness or conditions that indicate that the veteran is at risk of becoming homeless.

VA 11.03(3)(b) (b) Substance use issues.

VA 11.03(3)(c) (c) Unemployment or underemployment that significantly limits a veteran’s ability to be self-supporting.

VA 11.03(3)(d) (d) Affliction with acute or chronic physical, behavioral, or mental health problems that significantly limit a veteran’s ability to be self-supporting.

VA 11.03(3)(e) (e) Insufficient monthly income and resources, as determined by the department, to pay for emergency assistance, such as any of the following:

VA 11.03(3)(e)1. 1. Emergency housing.

VA 11.03(3)(e)2. 2. Rental assistance.

VA 11.03(3)(e)3. 3. Transportation.

VA 11.03(3)(e)4. 4. Food.

VA 11.03(3)(e)5. 5. Treatment.

VA 11.03(3)(e)6. 6. Other assistance approved by the department.

VA 11.03(4) (4) Additional benefit. Assistance under the program is additional to any other benefits or services a veteran is entitled to receive under any other program administered by the department.

VA 11.03(5) (5) Ineligibility. An individual who is incarcerated in prison or whose needs exceed the scope or capabilities of the program is not eligible for enrollment in the program.

VA 11.03 History History: CR 20-013: cr. Register March 2022 No. 795, eff. 4-1-22.

VA 11.04 VA 11.04 Enrollment.

VA 11.04(1) (1) Written participation agreement. The department may enroll a participant in the program upon determination of eligibility under s. VA 11.03 by completing a written participation agreement between the participant and the department.

VA 11.04(2) (2) Terms of agreement. The term of the initial agreement shall be one year and automatically renew every 6 months thereafter unless terminated by the department or by the participant. The department may only terminate the agreement for the reasons specified under s. VA 11.06 (3). The participant may terminate the agreement at any time for any reason. The department shall specify all of the following in the agreement:

VA 11.04(2)(a) (a) The participant’s enrollment and demographic information.

VA 11.04(2)(b) (b) The participant’s responsibilities under the program and the consequences of the participant’s failure to comply with those responsibilities consistent with s. VA 11.06 (3).

VA 11.04(2)(c) (c) A provision informing the participant of the following rights:

VA 11.04(2)(c)1. 1. The participant’s right to voluntarily participate in the program.

VA 11.04(2)(c)2. 2. The participant’s right to voluntarily withdraw from the program at any time.

VA 11.04(2)(c)3. 3. The participant’s right to appeal a department decision to discharge a participant from the program as specified under s. VA 11.06 (4).

VA 11.04(2)(d) (d) The assistance the participant is eligible to receive based on the assessment conducted under s. VA 11.03 (2). If financial assistance is provided, the agreement shall indicate the maximum amount of financial assistance the participate may receive during the term of the agreement.

VA 11.04(2)(e) (e) The expectation of the participant to participate in progress assessment interviews and the frequency of the interviews.

VA 11.04(2)(f) (f) The conditions of discharge as specified under s. VA 11.06 (3).

VA 11.04(2)(g) (g) The conditions in which the department may authorize a participant to re-enroll in the program after the participant has been discharged from the program by the department.

VA 11.04 Note Note: A copy of the Participation Agreement may be obtained on the Department’s website at dva.wi.gov, or by request from the Department of Veterans Affairs, 2135 Rimrock Road, P.O. Box 7843, Madison, WI 53707-7843, or call 800-WIS-VETS (947-8387).

VA 11.04 History History: CR 20-013: cr. Register March 2022 No. 795, eff. 4-1-22; correction in (2) (intro.) made under s. 35.17, Stats., Register March 2022 No. 795.

VA 11.05 VA 11.05 Provision of services.

VA 11.05(1) (1) Case management. The department shall develop a case management plan for each participant. The plan shall specify the type and amount of service to be provided, the manner of service delivery, and the level of assistance to be provided by a community provider.

VA 11.05(2) (2) Types of assistance. The department may provide assistance to a participant or refer a participant to a community provider for assistance for any of the following services:

VA 11.05(2)(a) (a) Claims and benefits assistance.

VA 11.05(2)(b) (b) Counseling.

VA 11.05(2)(c) (c) Education.

VA 11.05(2)(d) (d) Financial assistance.

VA 11.05(2)(e) (e) Housing and utility assistance.

VA 11.05(2)(f) (f) Insurance.

VA 11.05(2)(g) (g) Job training and placement services.

VA 11.05(2)(h) (h) Mental or behavioral health services.

VA 11.05(2)(i) (i) Rehabilitation and recovery services.

VA 11.05(2)(j) (j) Transportation assistance.

VA 11.05(2)(k) (k) Treatment services for mental health or substance use disorders with appropriate diagnosis.

VA 11.05(2)(L) (L) Other services as approved by the department.

VA 11.05 History History: CR 20-013: cr. Register March 2022 No. 795, eff. 4-1-22.

VA 11.06 VA 11.06 Program participation.

VA 11.06(1) (1) Voluntary participation. Participation in the program is voluntary and may be discontinued by the participant at any time without penalty. Refusal by a participant to enroll in the program does not result in the loss of any other benefits to which the participant is otherwise entitled.

VA 11.06(2) (2) Reassessment. The department shall conduct a progress assessment interview at least every 6 months to determine a participant’s level of need, evaluate progress, and monitor compliance. If discharge from the program is indicated following the progress assessment interview, the basis of the discharge shall conform to sub. (3). The department may conduct a discharge assessment interview upon discharge and a post discharge assessment interview 60 days after discharge to assess a participant’s well-being following discharge from the program.

VA 11.06(3) (3) Discharge from program. The department may discharge a participant from the program whenever any of the following occurs:

VA 11.06(3)(a) (a) The department determines that a participant no longer meets the eligibility requirements of the program under s. VA 11.03.

VA 11.06(3)(b) (b) The department determines that the needs of a participant exceed the capabilities of the program.

VA 11.06(3)(c) (c) A participant fails to participate in the services outlined in the case management plan developed for the participant under s. VA 11.05.

VA 11.06(3)(d) (d) The department finds that a participant willfully made or caused to be made, false statements relating to the participant’s eligibility during the assessment conducted under s. VA 11.03 (2) or the reassessment conducted under sub. (2).

VA 11.06(3)(e) (e) The department determines that a participant is no longer in need of assistance under the program based on a progress assessment conducted under sub. (2).

VA 11.06(3)(f) (f) A participant voluntarily withdraws from the program.

VA 11.06(3)(g) (g) A participant is incarcerated in prison.

VA 11.06(3)(h) (h) A participant’s contact with the participant’s regional coordinator exceeds 90 days from the last encounter if the department has made reasonable attempts to contact the participant.

VA 11.06(4) (4) Appeal procedures. A participant discharged from the program may appeal a department decision by submitting a written appeal to the department’s office of legal counsel. An appeal must be received by the department within 60 calendar days after the date of the department decision.

VA 11.06 Note Note: The address to deliver an appeal is: Department of Veterans Affairs, Office of Legal Counsel, 2135 Rimrock Road, P.O. Box 7843, Madison, WI 53707-7843.

VA 11.06 History History: CR 20-013: cr. Register March 2022 No. 795, eff. 4-1-22; correction in (3) (c) made under s. 13.92 (4) (b) 7., Stats., Register February 2023 No. 806; correction in (3) (c) made under s. 35.17, Stats., Register March 2023 No. 807.

VA 11.07 VA 11.07 Administration.

VA 11.07(1) (1) funding. The department may provide funding to facilitate the provision of services under the program.

VA 11.07(2) (2) Outreach and recovery regional coordinators. The department shall employ regional coordinators to assist with the administration and coordination of the program.

VA 11.07(3) (3) Operational requirements.

VA 11.07(3)(a) (a) Policies and procedures. The department shall establish written policies and procedures for administering the program. The written policies and procedures shall include the eligibility criteria, but only those authorized under s. VA 11.03, and the discharge criteria, but only those authorized under s. VA 11.06 (3).

VA 11.07(3)(b) (b) Training. The department shall provide training and materials to all individuals involved in the operations of the program and ensure these individuals are thoroughly familiar with the requirements and operational procedures of the program.

VA 11.07(3)(c) (c) Annual review of program. The department shall review the program’s policies, procedures, and training materials at least annually and update the materials on a continuous basis to reflect current operations. The department shall maintain documentation of the review.

VA 11.07(4) (4) Protection of personal information. Any person or entity involved with the operations of the program or who provides services under the program shall ensure that all participant data and personal information collected is secure and maintained in accordance with state and federal confidentiality and privacy laws, rules, and regulations.