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.
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 (1) (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) (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)(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)(a)7. 7. Funerals and memorial services.
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)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 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; 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.
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: www.dhs.wisconsin.gov/odhh/Staff/index.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)(a)2. 2. Certification of interpretation.
DHS 77.06(1)(a)3. 3. Certification of transliteration.
DHS 77.06(1)(a)4. 4. A comprehensive skills certificate.
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)(c) (c) A certified deaf interpreter.
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)(a)1. 1. Certification of interpretation.
DHS 77.06(2)(a)2. 2. Certification of transliteration.
DHS 77.06(2)(a)3. 3. A comprehensive skills certificate.
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.
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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.