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.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 reimburses a communication access services provider under
par. (a) in circumstances other than those specified in
subd. 1., the department shall reimburse 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) Reimbursement for communication access services under this chapter is contingent upon the availability of funds in the appropriations under s.
20.435 (6) (a) and
(7) (hs), Stats.
DHS 77.04(2)
(2) Communication access services providers eligible for reimbursement. Except as provided in
s. DHS 77.06 (3), the department may reimburse only communication access services providers on the list of certified providers and verified interpreters maintained by the department under
s. DHS 77.09 (1).
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)2.
2. Medical, mental health, alcohol and drug abuse, psychiatric or psychological services are needed.
DHS 77.04(3)(a)5.
5. Matters involving any federal, state, county or municipal agency.
DHS 77.04(3)(a)6.
6. Job-related appointments for deaf, deaf-blind or hard of hearing persons who are not clients of the Wisconsin department of workforce development's division of vocational rehabilitation.
DHS 77.04(3)(b)
(b)
Non-priority circumstances. The department may reimburse communication access services providers for services provided in connection with any of the following activities:
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 statewide, nonprofit organizations whose missions relate specifically to deaf, deafblind and hard of hearing persons. Final payment for the purposes specified under this subdivision is determined by the rates charged by individual communication access services providers and communication access services coordination agencies on a fee-for-service basis.
DHS 77.04(3)(b)5.
5. Meetings, workgroups or conferences sponsored by nonprofit organizations that do not receive federal funds, do not administer a statewide program, or whose mission is not specifically related to deaf or hard of hearing persons, but are serving the deaf or hard of hearing. Final payment for the purposes specified under this subdivision is determined by the rates charged by individual communication access services providers and communication access services coordination agencies on a fee-for-service basis.
DHS 77.04(3)(b)6.
6. Matters relating to the welfare of minor children of deaf, deafblind or hard of hearing parents, including meetings relating to day care or child care, attendance at parental support groups or parenting classes and meetings with schools meeting the criteria in
sub. (1) (b).
DHS 77.04(3)(b)7.
7. After school activities for children that are temporarily not covered under federal laws while an alternate source of funding is being pursued.
DHS 77.04(3)(b)8.
8. Activities that people who are not deaf, deafblind or hard of hearing participate in without accommodations or technologies, including participation on boards of non-profit organizations and training sessions not specifically designated for deaf, deafblind or hard of hearing people when the sponsoring agency or organization is not required by federal or state law to provide those services.
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 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.
DHS 77.05
DHS 77.05
Requests for reimbursement 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 reimburse 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, (608) 266-3118 for both voice and teletext typewriter (TTY). A map of the regions may also be viewed over the internet at:
http://dhs.wisconsin.gov/sensory/staff/DSL-regions.htm.
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 priority circumstances in
s. DHS 77.04 (3) (a), 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 certified communication access services providers and verified interpreters and real-time captioners so that the individual or agency may arrange communication access services.
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.
DHS 77.06
DHS 77.06
Communication access services providers eligible for reimbursement. DHS 77.06(1)
(1)
Priority circumstance reimbursement. In priority circumstances as specified under
s. DHS 77.04 (3) (a), except as provided under
sub. (3), the department may reimburse the following communication access services providers listed under
s. DHS 77.09 (1):
DHS 77.06(1)(a)
(a) A person holding any of the following from the national registry of interpreters for the deaf:
DHS 77.06(1)(a)1.
1. A specialist certificate: legal for an appointment relating to legal services.
DHS 77.06(1)(b)
(b) A person certified with a level 4 or 5 rating in sign language interpreting by the national association of the deaf.
DHS 77.06(1)(d)
(d) A person verified by the Wisconsin interpreting and transliterating assessment as level 1 or 2 in interpreting or transliterating.
DHS 77.06(1)(e)
(e) A person certified in oral transliterating by the national registry of interpreters for the deaf.
DHS 77.06(1)(f)
(f) A person certified in real-time captioning by the national court reporters association.
DHS 77.06(2)
(2) Non-priority circumstance reimbursement. In non-priority circumstances as specified under
s. DHS 77.04 (3) (b), except as provided under
sub. (3), the department may reimburse the following communication access services providers listed under
s. DHS 77.09 (1):
DHS 77.06(2)(a)
(a) A person holding any of the following from the national registry of interpreters for the deaf:
DHS 77.06(2)(b)
(b) A person certified with a level 3, 4, or 5 rating in sign language interpreting by the national association of the deaf.
DHS 77.06(2)(c)
(c) A certified deaf interpreter or certified deaf interpreter: provisional.
DHS 77.06(2)(d)
(d) A person verified by the Wisconsin interpreting and transliterating assessment as level 1 or 2 in interpreting or transliterating.
DHS 77.06(2)(e)
(e) A person certified in oral transliterating by the national registry of interpreters for the deaf.
DHS 77.06(2)(f)
(f) A person certified in real-time captioning by the national court reporters association.
DHS 77.06 Note
Note: A description of the skills included under each category of certification and verification specified in subs. (1) and (2) is available from the Office for the Deaf and Hard of Hearing, P.O. Box 7851, Madison, Wisconsin 53707, 608-266-3118 for both voice and teletext typewriter (TTY). A description of the skills may also be viewed over the internet at:
http://dhs.wisconsin.gov/sensory/WITA/desclevels.htm.
DHS 77.06(3)
(3) Exceptions. The department shall reimburse communication access services providers in all situations where the department determines any of the following:
DHS 77.06(3)(a)
(a) The deaf, deafblind or hard of hearing person's method of communication is nontraditional or uses signs known only to family members or associates.
DHS 77.06(3)(b)
(b) The deaf, deafblind or hard of hearing person can understand only a particular noncertified or nonverified communication access services provider.
DHS 77.06(3)(c)
(c) The method of communication of the deaf, deafblind or hard of hearing person is based on a language other than English or American sign language.
DHS 77.06(3)(d)
(d) 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(4)(a)1.1. Before canceling an appointment for which the department has approved reimbursement 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 or communication access services coordination agency a minimum of 48 hours' notice.
DHS 77.06(4)(a)2.
2. When a person or agency that requested communication access services misses an appointment for which the department has approved reimbursement and does not give prior notification of the cancellation because of circumstances outside of the control of the person or agency, the department shall reimburse the communication access services provider or communication access services coordination agency 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(4)(a)3.
3. When a person or agency that requested communication access services misses an appointment for which the department has approved reimbursement and does not provide notice to the communication access services provider or communication access services coordination agency because of circumstances within the control of the person or agency for the third time, the department may elect not to approve subsequent requests from that person for reimbursement.
DHS 77.06(4)(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.
DHS 77.07(1)
(1)
Reimbursement rates. The department shall reimburse communication access services providers according to certification and verification levels, with the levels requiring the most skill receiving the highest rates of pay.
DHS 77.07(2)(a)(a) To be eligible for department reimbursement, an agency that provides communication access services providers shall provide to the department proof that the agency is exempt from federal income taxation and does not charge a fee to the consumer or the communication access services coordination agency that contacts the agency supplying providers.
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 certified communication access services provider or verified interpreter may, if no other provider is available, be reimbursed 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 in accepting a reimbursed interpreting assignment by obtaining the prior approval of his or her supervisor. The state employee shall be reimbursed at rates charged by individual providers or communication access services coordination agencies on a fee-for-service basis.
DHS 77.07 History
History: CR 99-009: cr.
Register November 2002 No. 563, eff. 12-1-02.
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 (7) (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.
DHS 77.09
DHS 77.09
List of certified communication access services providers and verified interpreters.
