Chapter DHS 77

Register July 2011 No. 667

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 payment of communication access services.

DHS 77.06   Communication access services providers eligible for payment.

DHS 77.07   Payment policies.

DHS 77.08   Billing and collections.

DHS 77.09   List of communication access services providers.

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 DHS 77 Note Note: Chapter HFS 77 as it existed on November 30, 2002 was repealed and a new chapter HFS 77 was created effective December 1, 2002.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.