Chapter DHS 78

Register November 2008 No. 635

Chapter DHS 78

TELECOMMUNICATION ASSISTANCE FOR DEAF, DEAFBLIND, AND
SEVERELY HARD OF HEARING PERSONS

DHS 78.01   Authority and purpose.

DHS 78.02   Applicability.

DHS 78.03   Definitions.

DHS 78.04   Application procedure.

DHS 78.05   Eligibility requirements.

DHS 78.06   TAP assistance restrictions.

DHS 78.07   Purchase and care of telecommunication devices.

Ch. DHS 78 Note Note: Chapter HSS 70 was created by emergency rule effective January 21, 1985; chapter HSS 70 was renumbered to chapter HSS 270 under s. 13.93 (2m) (b) 1., Stats., Register, December, 1988, No. 396. Chapter HSS 270 was renumbered chapter HFS 78 under s. 13.93 (2m) (b) 1., Stats., and corrections made under s. 13.93 (2m) (b) 6. and 7., Stats., Register, December, 1996, No. 492.

Ch. DHS 78 Note Note: Chapter HFS 78 as it existed on July 31, 2003 was repealed and a new chapter HFS 78 was created Register July 2003 No. 571, effective August 1, 2003. Chapter HFS 78 was renumbered to chapter DHS 78 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 78.01 DHS 78.01 Authority and purpose. This chapter is promulgated under the authority of s. 46.297 (4), Stats., for the purpose of implementing the telecommunication assistance program (TAP) for persons who are deaf, deafblind, or severely hard of hearing. The chapter sets forth eligibility requirements, uniform application procedures, criteria for granting assistance and policies relating to the purchase and maintenance of the telecommunications equipment.

DHS 78.01 History History: CR 03-001: cr. Register July 2003 No. 571, eff. 8-1-03.

DHS 78.02 DHS 78.02 Applicability. This chapter applies to the department and to all deaf, deafblind, and severely hard of hearing persons who apply to the department for program funding for the purchase of telecommunication equipment for their homes.

DHS 78.02 History History: CR 03-001: cr. Register July 2003 No. 571, eff. 8-1-03.

DHS 78.03 DHS 78.03 Definitions. In this chapter:

DHS 78.03(1) (1) “Deaf, deafblind, or severely hard of hearing” means a hearing loss significant enough to prevent the individual from accessing distance communication services without technological adaptations that facilitate effective communication in a visual, audible, or tactile mode.

DHS 78.03(2) (2) “Department” means the Wisconsin department of health services.

DHS 78.03(2m) (2m) “Distance Communications” means an exchange of information between two different locations via transmission facilities using any part of the electromagnetic spectrum.

DHS 78.03(2q) (2q) “Hearing Instrument Specialist” has the meaning given in s. 459.01 (3), Stats.

DHS 78.03(3) (3) “Household” means a residence unit whose members share a common living arrangement and finances.

DHS 78.03(4) (4) “Public service commission” or “PSC” means the public service commission of Wisconsin.

DHS 78.03(5) (5) “TAP manager” means the department’s staff responsible for overseeing the Telecommunication Assistance Program.

DHS 78.03(6) (6) “Telecommunication assistance program” or “TAP” means a financial assistance program created by s. 46.297, Stats., for the purpose of making distance communications and telecommunication devices available to individuals who are deaf, deafblind, and severely hard of hearing.

DHS 78.03(7) (7) “Telecommunication device” or “device” means any technology needed by an individual who is deaf, deafblind, or severely hard of hearing to facilitate the individual’s use of distance communications.

DHS 78.03(8) (8) “Telecommunication Equipment Purchase Program” or “TEPP” means the financial assistance program under s. 196.218, Stats., and administered by the public service commission under s. PSC 160.071.

DHS 78.03(9) (9) “Wisconsin adjusted gross income” has the meaning prescribed in s. 71.01 (13), Stats.

DHS 78.03 History History: CR 03-001: cr. Register July 2003 No. 571, eff. 8-1-03; correction in (2) made under s. 13.92 (4) (b) 6., Stats., Register November 2008 No. 635; CR 17-006: am. (1), cr. (2m), (2q), am (3) to (8) Register February 2018 No. 746 eff. 3-1-18.

DHS 78.04 DHS 78.04 Application procedure.

DHS 78.04(1) (1) Application form and hearing loss documentation. To apply for assistance from TAP, the applicant shall submit to the department a completed application form and any of the following:

DHS 78.04(1)(a) (a) A signed certification of hearing loss form.

DHS 78.04(1)(b) (b) An audiogram from a certified audiologist.

DHS 78.04(1)(c) (c) Documentation of hearing tests conducted pursuant to ch. HAS 4, by a hearing instrument specialist, within 6 months of the date of the application, and that demonstrate the applicant’s need for hearing instruments.

DHS 78.04 Note Note: Instructions on how to apply for the TAP program and all necessary forms can be found online at: http://www.dhs.wisconsin.gov/odhh/TAP/index.htm.

DHS 78.04(2) (2) Processing tap applications. The department shall process TAP applications in the following manner:

DHS 78.04(2)(a) (a) The department shall accept an application at any time except as provided in s. DHS 78.06 (3).

DHS 78.04(2)(b) (b) The department shall review applications in the order they are received.

DHS 78.04(2)(d) (d) The department shall send the applicant written notification of the department’s decision on his or her application once all documentation is received.

DHS 78.04(2)(e) (e) If the department denies assistance to the applicant, the applicant has the right to appeal the decision under subch. III, of ch. 227, Stats., by filing a written request with the department, or may reapply if, due to a change in conditions, the applicant meets eligibility requirements under s. DHS 78.05.

DHS 78.04(2)(f) (f) If the department approves issuing a TAP voucher to the applicant, the applicant shall apply the voucher to the purchase of approved telecommunications devices.

DHS 78.04(2)(g) (g) A voucher recipient under s. PSC 160.071 (1m) (b) 1. who is not required to make a copayment under s. PSC 160.071 (1m) (c) is not eligible for a TAP voucher.

DHS 78.04 History History: CR 03-001: cr. Register July 2003 No. 571, eff. 8-1-03; corrections in (2) (g) made under s. 13.92 (4) (b) 7., Stats., Register February 2017 No. 734; CR 17-006: r. and recr. (1), am. (2) (intro.), (b), r. (2) (c), am. (2) (d) to (f), Register February 2018 No. 746 eff. 3-1-18.

DHS 78.05 DHS 78.05 Eligibility requirements. An applicant shall meet the following requirements to be eligible for TAP assistance:

DHS 78.05(1) (1) Certification of hearing loss. The applicant shall be certified as deaf, deafblind, or severely hard of hearing by a licensed physician, a hearing instrument specialist, or an audiologist who is certified by the American Speech and Hearing Association.

DHS 78.05(2) (2) Residency. An applicant shall be either a Wisconsin resident or a tax dependent of a Wisconsin resident.

DHS 78.05(3) (3) Income eligibility.

DHS 78.05(3)(a) (a) The Wisconsin adjusted gross income of the applicant’s household as reported for Wisconsin income tax purposes for the most recent annual tax reporting period shall be equal to or less than 200% of the poverty line established under 42 USC 9902 (2) as updated annually or more often by the secretary of the U.S. department of health and human services.

DHS 78.05(3)(b) (b) If an applicant is claimed as a dependent for income tax purposes, the adjusted gross income of the person or persons claiming the applicant as a dependent shall be listed on the application form and shall be used to determine income eligibility.

DHS 78.05(6) (6) Persons eligible for or receiving services from the department of workforce development. A person eligible for or receiving services from the department of workforce development’s division of vocational rehabilitation shall first be evaluated by that division to determine if the person is eligible for a telecommunication device under the vocational rehabilitation program, and if denied, may apply for assistance from TAP.

DHS 78.05(7) (7) Preference will be given to individuals who are not receiving telecommunication devices from another state program.

DHS 78.05 History History: CR 03-001: cr. Register July 2003 No. 571, eff. 8-1-03; CR 17-006: am. (1), (3) (a), r. (4), (5), cr. (7), Register February 2018 No. 746 eff. 3-1-18.

DHS 78.06 DHS 78.06 TAP assistance restrictions. The following restrictions apply to the provision of TAP assistance:

DHS 78.06(1) (1) Eligible applicants shall be granted TAP assistance on a first-come, first-served basis subject to availability of funds.

DHS 78.06(3) (3) A recipient of TAP assistance may not reapply for assistance more often than once every 3 years unless there is a significant or functional change in disability that requires different or other telecommunication devices.

DHS 78.06 History History: CR 03-001: cr. Register July 2003 No. 571, eff. 8-1-03; CR 17-006: r. (2), am. (3) Register February 2018 No. 746 eff. 3-1-18.

DHS 78.07 DHS 78.07 Purchase and care of telecommunication devices.