STATE OF WISCONSIN
Department of Veterans Affairs
ORDER OF THE STATE OF WISCONSIN DEPARTMENT OF VETERANS AFFAIRS ADOPTING PERMANENT RULES
An order of the Department of Veterans Affairs to consolidate, renumber, and amend VA 18.02 (1) (a) and (b); to amend VA 18 (title), 18.01 (intro.) and (3), 18.02 (2), (3), and (4) (a) to (c); to repeal and recreate VA 18.02 (1) (intro); and to create 18.02 (1) (e), relating to the educational assistance program.
ANALYSIS
Analysis prepared by the Department of Veterans Affairs.
Statutes interpreted:
Statutory authority:
Explanation of agency authority:
Section 45.50 (2m) (f), Stats., authorizes the department to develop a program to provide stipends to individuals to attend school and receive the necessary credentials to become employed at veterans homes. If the department develops a stipend program, the department is required to promulgate rules related to the program that includes… “ the application process, eligibility criteria, stipend amount, repayment provisions, and other provisions that the department determines are necessary to administer the program.” Related statute or rule:
N/A
Plain language analysis:
The current rules provide educational stipends for registered nurses. The purpose of the proposed rules is to expand eligibility of the stipend program to encompass other related healthcare professions, create an application and approval process for the stipend program, and create a repayment strategy for those who do not complete the program.
The proposed rule will assist qualified and interested participants to advance their professional development by receiving an educational assistance stipend for a licensed practical nurse or registered nurse for employment at a Veterans Home. The stipend program will operate on an as needed basis determined by the Department and be titled the Educational Assistance Program.
The Legislative Audit Bureau (Report 11-3) recommended that the Department develop and promulgate rules for: (1) The Licensed Practical Nurse Stipend Program similar to rules in Ch. VA 18, which currently governs the Registered Nurse Education Stipend Program; and (2) Include application procedures, eligibility criteria, maximum stipend amounts, and repayment requirements for participants who do not fulfill their commitments. The proposed rules incorporate the LAB’s recommendations. Additional rule modifications were made to correct outdated references, and improve clarity, consistency, and format in accordance with rulemaking standards.
Summary of, and comparison with, existing or proposed federal regulation:
None.
Comparison with rules in adjacent states:
Illinois: Illinois offers a Nursing Education Scholarship Program under 110 ILCS 975, 77 Ill. Admin Code 597, however this is unrelated to employment at a veterans home or providing care for veterans. Illinois also offers a Veterans Home Nurse Loan Repayment Program under 110 ILCS 972, 23 IAC Ch XIX, Sec 2757, however this program offers repayment of existing loans related to time worked at the veterans homes.
Iowa, Michigan, and Minnesota: Iowa, Michigan, and Minnesota do not offer a nursing scholarship program.
Summary of factual data and analytical methodologies:
The proposed rules were developed by reviewing the provisions of the current rules relating to the nurse education stipend program along with the recommendations of the Legislative Audit Report (Report 11-3). The Department relies on its experience in administering the education assistance grant program since its inception in 2004.
Pursuant to ss. 45.03 (2m) and 227.14 (2) (a) 6m., Stats., administrative rules prepared by the Department of Veterans Affairs must be provided to the Board of Veterans Affairs. The Board may prepare a report containing written comments and its opinion regarding the proposed rules. The Board voted unanimously to approve adopting the proposed rules and offered no additional comments. Analysis and supporting documents used to determine effect on small business or in preparation of economic impact analysis:
There is no anticipated impact on small business. The department posted the proposed rules to solicit information from the public and stakeholders to determine the potential impact of the proposed rule on the overall economic impact and the impact on small business. No comments were received.
Fiscal Estimate and Economic Impact Analysis:
The Fiscal Estimate and Economic Impact Analysis document is attached.
Effect on small business:
The proposed rules do not have an anticipated economic impact on small businesses, as defined in s. 227.114 (1), Stats. Agency contact:
Mindy Allen, Administrative Rules Coordinator
