Chapter DHS 77

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 DHS 77 Note Note: Chapter HFS 77 as it existed on November 30, 2002 was repealed and a new chapter HFS 77 was created effective December 1, 2002.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 (1) (da) and (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; correction in (1) made under s. 13.92 (4) (b) 7., Stats., Register September 2022 No. 801.

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) “Communication access services” means a service that ensures individuals who are deaf, deafblind or hard of hearing can communicate effectively with others. Communication access services include sign language interpretation, tactile communication, and captioning.

DHS 77.03(3) (3) “Communication access services provider” or “provider” means a trained individual who facilitates communication on behalf of individuals who are deaf, deafblind, or hard of hearing.

DHS 77.03(4) (4) “Deaf, deafblind or hard of hearing person” means a person with some degree of hearing loss who requires communication access services to effectively communicate with others.

DHS 77.03(5) (5) “Department” means the Wisconsin department of health services or its designated administrative agency.

DHS 77.03(6) (6) “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(7) (7) “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 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; CR 22-019: r. (2) to (6), renum. (7), (8) to (2), (3) and am., r. (9), (10), renum. (11) to (14) to (4) to (7) and, as renumbered, am (4)., r. (15) to (24) Register May 2023 No. 809, eff. 6-1-23.

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 pay for communication access services for deaf, deafblind or hard of hearing persons in accordance with the requirements of this chapter.

DHS 77.04(1)(b) (b)

DHS 77.04(1)(b)1. 1. When the department pays for a communication access services provider under par. (a), the department shall pay the provider without subsequently billing the individual or agency that requested the communication access services if any of the following apply:

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.

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.

DHS 77.04(1)(b)2. 2. When the department pays for a communication access services provider under par. (a) in circumstances other than those specified in subd. 1., the department shall pay the provider and shall subsequently bill the agency or individual requesting communication access services in accordance with s. DHS 77.08.

DHS 77.04(1)(c) (c) Payment for communication access services under this chapter is contingent upon the availability, or projected availability, of funds in the appropriations under s. 20.435 (6) (a) and (1) (hs), Stats.

DHS 77.04(2) (2) Communication access services providers eligible for payment. Except as provided in s. DHS 77.06 (3), the department may pay communication access services providers on the list of providers maintained by the department under s. DHS 77.09 (1).

DHS 77.04(3) (3) Circumstances eligible for reimbursement.

DHS 77.04(3)(a) (a) Priority circumstances. In accordance with s. 46.295, Stats., and subject to s. DHS 77.06 (1), the department shall give priority to requests to pay fees charged by communication access services providers in the following circumstances, in the following order:

DHS 77.04(3)(a)1. 1. Emergencies.

DHS 77.04(3)(a)2. 2. Medical, mental health, alcohol and drug abuse, psychiatric or psychological services are needed.

DHS 77.04(3)(a)3. 3. In obtaining legal services and during civil court proceedings.

DHS 77.04(3)(a)4. 4. Matters involving law enforcement personnel.

DHS 77.04(3)(a)5. 5. Matters involving any federal, state, county or municipal agency.

DHS 77.04(3)(b) (b) Non-priority circumstances. Subject to the availability, or projected availability, of funds, the department may reimburse communication access services providers for services provided in connection with any of the following activities:

DHS 77.04(3)(b)1. 1. Communications involving financial matters.

DHS 77.04(3)(b)2. 2. Communications involving housing and shelter.

DHS 77.04(3)(b)3. 3. Meetings relating to the development of new programs, agencies or organizations to promote awareness of issues relating to deaf, deafblind or hard of hearing persons.

DHS 77.04(3)(b)4. 4. Meetings, workgroups or conferences sponsored by non-profit organizations that do not receive state or federal funds.

DHS 77.04(3)(b)5. 5. Activities that people who are not deaf, deafblind or hard of hearing participate in without accommodations.

DHS 77.04(3)(b)9. 9. Communications that may affect a person’s ability to function safely or independently in the community.

DHS 77.04(3)(b)10. 10. Initial interview for deaf, deaf-blind or hard of hearing persons who are not clients of the Wisconsin department of workforce development’s division of vocational rehabilitations. Employment-related accommodations, including self-employment, are not eligible.

DHS 77.04(3)(b)11. 11. Funerals and memorial services.

DHS 77.04 History History: CR 99-009: cr. Register November 2002 No. 563, eff. 12-1-02; corrections in (1) (a) and (c) made under s. 13.92 (4) (b) 7., Stats., Register July 2011 No. 667; correction in (1) (a) and (c) under s. 13.92 (4) (b) 7., Stats., Register November 2015 No. 719; correction in (1) (a), (c) under s. 13.92 (4) (b) 7., Stats., Register July 2018 No. 751; correction in (1) (a), (c) made under s. 13.92 (4) (b) 7., Stats., Register September 2022 No. 801; CR 22-019: am. (1) (a), (b) 1. (intro.), a., b., 2., (c), (2), renum. (3) (a) 6., 7., to (3) (b) 10., 11., and as renumbered am. 10., am. (3) (b) (intro.), r. (3) (b) 4., renum. (3) (b) 5. to (3) (b) 4. and am., r. (3) (b) 6., 7., renum. (3) (b) 8. to (3) (b) 5. and am. Register May 2023 No. 809, eff. 6-1-23.

DHS 77.05 DHS 77.05 Requests for payment of communication access services.

DHS 77.05(1) (1) Any individual or any city, town, village, county, state, federal or private agency may request, in writing, that the department pay a communication access services provider to provide communication access services. Except in an emergency, a request shall be received by the department at least 2 weeks in advance of the time a provider is needed.

DHS 77.05 Note Note: Requests for reimbursement of communication access services shall be made to the Regional Coordinator for Deaf and Hard of Hearing Services. To find out which Regional Coordinator to contact, write or phone the Division of Disability and Elder Services, Office for the Deaf and Hard of Hearing, P.O. Box 7851, Madison, Wisconsin 53707, [phone] for both voice and teletext typewriter (TTY). A map of the regions may also be viewed over the internet at: www.dhs.wisconsin.gov/odhh/Staff/index.htm.

DHS 77.05(2) (2) 

DHS 77.05(2)(a) (a) Within 5 working days after receipt by the department of a request for reimbursement of communication access services under sub. (1) and subject to the circumstances in s. DHS 77.04 (3) (a) and (b), the department shall grant or deny the request.

DHS 77.05(2)(b) (b) If the request is granted, the department shall provide the individual or agency requesting the service with a list of communication access services providers so that the individual or agency may arrange for communication access services.

DHS 77.05(2)(c) (c)

DHS 77.05(2)(c)1. 1. If the request is denied, the department shall send the requestor within 48 hours after the action takes place a written notice of the reasons for denial and the procedure for requesting a hearing under ch. 227, Stats. Receipt of the notice is presumed within 5 calendar days of the date the department mailed the notice.

DHS 77.05(2)(c)2. 2. To request a hearing, an individual or agency shall file a written request with the department of administration’s division of hearings and appeals within 30 calendar days after the date of the notice. A request is considered filed when received by the division of hearings and appeals. The division of hearings and appeals shall hold the hearing no later than 30 calendar days after receiving the request for the hearing unless both parties agree to a later date and shall provide at least 10 calendar days prior notification of the date, time and place for the hearing. The hearing examiner shall issue a proposed or final decision within 10 calendar days after the hearing. The denial shall remain in effect until a final decision is rendered.

DHS 77.05 Note Note: A hearing request should be addressed to the Division of Hearings and Appeals, P.O. Box 7875, Madison, WI 53707, 608-266-3096. Hearing requests may be delivered in person to that office at 5005 University Ave., Room 201, Madison, WI.

DHS 77.05 History History: CR 99-009: cr. Register November 2002 No. 563, eff. 12-1-02; CR 22-019: am. (title), (1), (2) (a), (b) Register May 2023 No. 809, eff. 6-1-23.

DHS 77.06 DHS 77.06 Communication access services providers eligible for payment.

DHS 77.06(1) (1) Payment. The department may provide payment to communication access services providers listed under s. DHS 77.09 (1).

DHS 77.06(2) (2) Exceptions. The department shall pay communication access service providers in any situation when it determines that the deaf, deafblind or hard of hearing person’s request for a specific communication access services provider is justified based on that provider’s understanding of the subject matter, particular communication method, or unique suitability for a particular appointment as determined by the person or agency requesting communication access services.

DHS 77.06 Note Note: This exception includes a request for a Sign Support Provider for individuals who are deafblind.

DHS 77.06(3) (3) Cancelling an appointment.

DHS 77.06(3)(a) (a) Person or agency.

DHS 77.06(3)(a)1. 1. Before canceling an appointment for which the department has approved payment and for which a communication access services provider has been scheduled, the person who or agency that requested communication access services shall give the provider a minimum of 48 hours’ notice.

DHS 77.06(3)(a)2. 2. When a person or agency that requested communication access services misses an appointment for which the department has approved payment and does not give prior notification of the cancellation because of circumstances outside of the control of the person or agency, the department shall pay the communication access services provider for 2 hours of communication access services.

DHS 77.06 Note Note: The Department is not the ultimate payor in cases where the Department bills another entity for communication access services such as those described in s. DHS 77.08 (2).

DHS 77.06(3)(b) (b) Communication access services provider. A communication access services provider who needs to cancel an appointment shall notify the person or agency that requested communication access services at least 24 hours before the time of the appointment.

DHS 77.06 History History: CR 99-009: cr. Register November 2002 No. 563, eff. 12-1-02; CR 22-019: am. (title), (1) (title), renum. (1) (intro.) to (1) and am., r. (1) (a) to (f), (2), r. (2) (intro.), (a) to (c), renum. (3) (d), (4) (a) 1., 2. to (2), (3) (a) 1., 2. and am., r. (4) (a) 3., renum. (4) (b) to (3) (b) Register May 2023 No. 809, eff. 6-1-23.

DHS 77.07 DHS 77.07 Payment policies.

DHS 77.07(1) (1) Rates. The department shall pay for communication access services providers according to licensure, certification and specialized skills, with the credentials requiring the most skill receiving the highest rates of pay.

DHS 77.07(2) (2) Payment policies.

DHS 77.07(2)(a) (a) To be eligible for department payment, an individual or agency that provides communication access services providers shall provide to the department any necessary documentation or forms to be added to the list of approved vendors.

DHS 77.07 Note Note: The proofs and confirmations in par. (a) ensure that the agency is not required by federal or state law to provide communication access services.

DHS 77.07(2)(b) (b) A state employee who is a communication access services be paid for assignments completed after normal working hours, while on vacation or during leave without pay. The state employee shall demonstrate that there is no conflict of interest by obtaining the prior approval of his or her supervisor.

DHS 77.07 History History: CR 99-009: cr. Register November 2002 No. 563, eff. 12-1-02; CR 22-019: am. Register May 2023 No. 809, eff. 6-1-23.

DHS 77.08 DHS 77.08 Billing and collections.

DHS 77.08(1) (1) Services provided under this chapter are subject to the provisions of ch. DHS 1 for ability to pay, billing and collection purposes.

DHS 77.08(2) (2) The department shall bill any federal, state, county, municipal or private agency for requested communication access services reimbursed by the department if the department determines that the agency is required under state or federal law to provide communication access services to a deaf or hard of hearing person or if the agency is not required to provide communication access services but agrees to pay for the services.

DHS 77.08(3) (3) The department shall deposit all monies collected under this section into the appropriation under s. 20.435 (1) (hs), Stats.

DHS 77.08(4) (4) If any agency identified under sub. (2) does not pay a bill, the bill shall be referred to the department’s bureau of fiscal services for collection.

DHS 77.08 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 November 2008 No. 635; correction in (3) made under s. 13.92 (4) (b) 7., Stats., Register July 2011 No. 667; correction in (3) under s. 13.92 (4) (b) 7., Stats., Register November 2015 No. 719; correction in (3) under s. 13.92 (4) (b) 7., Stats., Register July 2018 No. 751.

DHS 77.09 DHS 77.09 List of communication access services providers.

DHS 77.09(1) (1) The department shall maintain a list of communication access services providers. To be included in the list, a person or agency shall provide documentation of licensure, certifications and any specialized training. The list shall include the following information for each person:

DHS 77.09(1)(a) (a) Name.

DHS 77.09(1)(b) (b) Address and telephone number.

DHS 77.09(1)(c) (c) Licensure, certifications and any specialized training.

DHS 77.09 Note Note: Communication access services providers wishing to be included in the list should contact the Office for the Deaf and Hard of Hearing by mail at P.O. Box 7851, Madison, WI 53707, by fax at 608-264-9899, or in person at 1 West Wilson Street in Madison. The list is also available at www.dhs.wisconsin.gov/odhh/Interpreting/InterpreterDirectory.htm.