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Register July 2018 No. 751
Chapter DHS 77
SERVICE FUND FOR PEOPLE WHO ARE DEAF, DEAFBLIND OR HARD OF HEARING
DHS 77.01   Authority and purpose.
DHS 77.02   Applicability.
DHS 77.03   Definitions.
DHS 77.04   Criteria for reimbursement of communication access services providers.
DHS 77.05   Requests for reimbursement of communication access services.
DHS 77.06   Communication access services providers eligible for reimbursement.
DHS 77.07   Reimbursement policies.
DHS 77.08   Billing and collections.
DHS 77.09   List of certified communication access services providers and verified interpreters.
DHS 77.10   Grievances.
Ch. DHS 77 Note Note: Chapter HFS 77 as it existed on November 30, 2002 was repealed and a new chapter HFS 77 was created effective December 1, 2002. Chapter HFS 77 was renumbered to chapter DHS 77 under s. 13.92 (4) (b) 1., Stats., and corrections made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635.
DHS 77.01 DHS 77.01 Authority and purpose. This chapter is promulgated under the authority of s. 46.295 (6), Stats., for the purpose of implementing s. 46.295, Stats., by doing all of the following:
DHS 77.01(1) (1)Establishing criteria and procedures for providing reimbursement from the appropriations under s. 20.435 (6) (a) and (1) (hs), Stats., to communication access services providers for deaf, deafblind or hard of hearing persons for the provision of communication access services.
DHS 77.01(2) (2)Providing prompt payment to communication access services providers for services rendered, whether or not an agency that requested those services makes final payment for them.
DHS 77.01(3) (3)Providing final payment for communication access services that are approved by the department and for which no other agency is financially responsible.
DHS 77.01(4) (4)Maintaining and providing a list of certified communication access services providers and verified interpreters.
DHS 77.01 History History: CR 99-009: cr. Register November 2002 No. 563, eff. 12-1-02; correction in (1) made under s. 13.92 (4) (b) 7., Stats., Register July 2011 No. 667; correction in (1) under s. 13.92 (4) (b) 7., Stats., Register November 2015 No. 719; correction in (1) under s. 13.92 (4) (b) 7., Stats., Register July 2018 No. 751.
DHS 77.02 DHS 77.02 Applicability. This chapter applies to deaf, deafblind or hard of hearing persons in need of communication access services, to persons providing those services, and to individuals and city, town, village, county, state, federal and private agencies that request communication access services under s. 46.295, Stats.
DHS 77.02 History History: CR 99-009: cr. Register November 2002 No. 563, eff. 12-1-02.
DHS 77.03 DHS 77.03 Definitions. In this chapter:
DHS 77.03(1) (1)“Agency" means any private or public organization.
DHS 77.03(2) (2)“Certification of interpretation" means a document issued by the registry of interpreters for the deaf that testifies to the proficiency of the holder in interpretation between American sign language and spoken English in both sign-to-voice and voice-to-sign.
DHS 77.03(3) (3)“Certification of transliteration" means a document issued by the registry of interpreters for the deaf that testifies to the proficiency of the holder in transliteration between English-based sign language and spoken English in both sign-to-voice and voice-to-sign.
DHS 77.03(4) (4)“Certified deaf interpreter" means a deaf or hard of hearing person who:
DHS 77.03(4)(a) (a) Interprets in a broad range of settings in situations where a deaf consumer may benefit from the services of a deaf interpreter; and
DHS 77.03(4)(b) (b) Holds a document issued by the registry of interpreters for the deaf that testifies to the holder's interpreting proficiency.
DHS 77.03(5) (5)“Certified deaf interpreter: provisional" means a deaf or hard of hearing person who has training and at least one year's interpreting experience and is awaiting certification from the registry of interpreters for the deaf.
DHS 77.03(6) (6)“Certified communication access services provider" or “certified provider" means a person who has been awarded a certificate of interpreting proficiency by the registry of interpreters for the deaf, inc., the national association of the deaf or national court reporters association or other nationally recognized certification organization.
DHS 77.03(7) (7)“Communication access services" means any assistance provided by a person trained to increase the ability of a deaf, deafblind or hard of hearing person to communicate with others.
DHS 77.03(8) (8)“Communication access services provider" or “provider" means a person who provides assistance to a deaf, deaf-blind or hard of hearing person that increases the ability of that person to communicate with others.
DHS 77.03(9) (9)“Communication technology" means a device used as a medium to transfer audible or text words from a person speaking or typing the words to a person using a device to perceive the words.
DHS 77.03(10) (10)“Comprehensive skills certificate" means a document issued by the registry of interpreters for the deaf that testifies to a person's proficiency in both transliterating and interpreting in both sign-to-voice and voice-to-sign.
DHS 77.03(11) (11)“Deaf, deafblind or hard of hearing person" means a person who, because of some pathological or functional cause, requires communication access services.
DHS 77.03(12) (12)“Department" means the Wisconsin department of health services or its designated administrative agency.
DHS 77.03(13) (13)“Emergency" means a situation in which the life, liberty, health or property of a deaf or hard of hearing person or a member of a deaf, deafblind or hard of hearing person's family is in immediate danger.
DHS 77.03(14) (14)“Final payment" means financial compensation by the department to a person or communication access services coordination agency providing communication access services and which the department will not seek to recover by billing a person or agency.
DHS 77.03(15) (15)“Level 3, 4 or 5 rating" means gradations of competency awarded by the national association of the deaf, with the highest number designating the holder's ability to master interpreting situations with minimal difficulty.
DHS 77.03(16) (16)“National association of the deaf" is an organization that promotes, protects, and preserves the rights and quality of life of deaf and hard of hearing individuals in the U.S. and certifies persons to be communication access services providers through its assessment and certification program.
DHS 77.03(17) (17)“National court reporters association" is an organization that advances the profession of those who capture and integrate the spoken word into a comprehensive and accurate information base for the benefit of the public and private sectors through ethical standards, testing and certification, educational opportunities, communications, government relations, research and analysis, and fiscal responsibility.
DHS 77.03(18) (18)“Non-profit organization" means an organization exempt from federal income taxation under 26 USC 501.
DHS 77.03(19) (19)“Real-time captioning" means technology that simultaneously processes spoken-word English into readable English.
DHS 77.03(20) (20)“Registry of interpreters for the deaf" means a national membership organization that tests and certifies persons who provide sign language interpreting and transliterating services for deaf and hard of hearing persons.
DHS 77.03(21) (21)“Specialist certificate legal" means a document issued by the registry of interpreters for the deaf that testifies to the proficiency of a person in legal interpreting.
DHS 77.03(22) (22)“Transliterating services" means representing in letters or words English-based sign language and spoken English in both sign-to-voice and voice-to-sign.
DHS 77.03(23) (23)“Verified interpreter" means a person who has been awarded recognition as having a level 1 or 2 interpreting proficiency by the Wisconsin interpreting and transliterating assessment.
DHS 77.03(24) (24)“Wisconsin interpreting and transliterating assessment" means a program administered by the department to determine and verify the level of competence of communication access services providers who are not certified by the national registry of interpreters for the deaf, inc., the national association of the deaf or national court reporters association or other nationally recognized certification organization.
DHS 77.03 History History: CR 99-009: cr. Register November 2002 No. 563, eff. 12-1-02; correction in (12) made under s. 13.92 (4) (b) 6., Stats., Register November 2008 No. 635.
DHS 77.04 DHS 77.04 Criteria for reimbursement of communication access services providers.
DHS 77.04(1)(1)General requirements.
DHS 77.04(1)(a)(a) The department may use funds from the appropriations under s. 20.435 (6) (a) and (1) (hs), Stats., to reimburse communication access services providers for deaf, deafblind or hard of hearing persons in accordance with the requirements of this chapter.
DHS 77.04(1)(b)1.1. Only in the following circumstances, when the department reimburses a communication access services provider under par. (a), the department shall reimburse the provider without subsequently billing the individual who or agency that requested the communication access services:
DHS 77.04(1)(b)1.a. a. The individual or agency requesting communication access services is not required by state or federal law to provide those services;
DHS 77.04(1)(b)1.b. b. No other source of funding is applicable; or
DHS 77.04(1)(b)1.c. c. The department determines that undue hardship or potential harm to the individual or agency is caused by requiring the individual or agency to provide reimbursement for communication access services.
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Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page is the date the chapter was last published.