(2) Update situations eligible for program funding to align with applicable laws.
(3) Update licensing requirements for communication access services providers to align with state licensure and certification requirements.
(4) Revise application and processing requirements to align with current program operations.
(5) Revise provisions to reflect changes in federal and state law and communication access services available to individuals who are deaf, deafBlind and hard of hearing that have occurred since the rule was last revised in 2002.
Summary of, and comparison with, existing or proposed federal regulations
There appear to be no existing or proposed federal regulations that address state programs assisting deaf, deafblind or hard of hearing persons with paying for communication access services and providers, but section 504 of the Rehabilitation Act of 1973 and the Americans with Disabilities Act require entities to provide communication access services and payment for communication access service providers for individuals who are Deaf, Hard of Hearing and DeafBlind when requested to reasonably accommodate a person’s disability.
Comparison with rules in adjacent states
Illinois:
The Illinois Language Services Act, 210 ILCA 87, governs the provision of interpreters for patients in health facilities. Administrative code provisions for enforcing and administering the act are contained in Parts 940.100 to 940.170 of the Illinois Administrative Code. There appear to be no other regulations in Illinois that assists deaf, deafblind or hard of hearing persons with paying for communication access services in situations not covered by state or federal law.
Iowa:
Iowa’s Deaf Services Division was created by Iowa Code section 216A.1, and rules governing its administration are contained in Rules 429-1.1 to 429-10.21. Rule 429-2.2 provides that the division shall make services available to all deaf or hard-of-hearing residents or nonresidents who may be visiting or conducting business in the state. Rule 429-2.4 governs the fee for services provided by the division. There appear to be no other regulations in Iowa that assist deaf, deafblind or hard of hearing persons with paying for communication access services in situations not covered by state or federal law.
Michigan:
Sections 393.501 to 393.509 of the Michigan Statutes contain the Deaf Persons’ Interpreters Act. Section 393.507 of the statute provides that payment of interpreter expenses shall be paid by courts of appointing authorities other than a court as provided by law. There appear to be no other regulations in the Michigan that assist deaf, deafblind or hard of hearing persons with paying for communication access services in situations not covered by state or federal law. Minnesota:
Sections 256C.21 to 256C.26 of the Minnesota Statutes contain the Deaf and Hard-of-Hearing Services Act. Section 256C.261 of the Minnesota Statutes governs services for persons who are deaf, deafblind or hard of hearing, and permits the Minnesota Commissioner of Human Services to award grants for the provision of services. There appear to be no other regulations in Minnesota that assist deaf, deafblind or hard of hearing persons with paying for communication access services in situations not covered by state or federal law.
Summary of factual data and analytical methodologies
The department formed an advisory committee to help develop the proposed rules. The committee met on five occasions to discuss potential impacts of changes to the rule. The committee included stakeholders, customers and communication access services providers.
Analysis and supporting documents used to determine effect on small business
See “Summary of Factual Data and Analytical Methodologies”
Effect on small business
The proposed rule is anticipated to have little to no economic impact if promulgated.
Agency contact person
Bette Mentz-Powell, Service Fund Program Coordinator
Office for the Deaf and Hard of Hearing
(608) 319-1249
Statement on quality of agency data
The department complied with s. 227.14 (2m), Stats., for any data used to draft the rules and analyses. Place where comments are to be submitted and deadline for submission
Comments may be submitted to the agency contact person that is listed above until the deadline given in the upcoming notice of public hearing. The notice of public hearing and deadline for submitting comments will be published in the Wisconsin Administrative Register and to the department’s website, at https://www.dhs.wisconsin.gov/rules/permanent.htm. Comments may also be submitted through the Wisconsin Administrative Rules Website, at: https://docs.legis.wisconsin.gov/code/chr/active. RULE TEXT
SECTION 1. DHS 77.03 (2) to (6) are repealed.
SECTION 2. DHS 77.03 (7) and (8) are renumbered DHS 77.03 (2) and (3), and amended to read:
DHS 77.03 (2) “Communication access services" means any assistance provided by a person trained to increase the ability of a service that ensures individuals who are deaf, deafblind or hard of hearing person to can communicate effectively with others. Communication access services include sign language interpretation, tactile communication, and captioning.
DHS 77.03 (3) “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 trained individual who facilitates communication on behalf of individuals who are deaf, deafblind, or hard of hearing.
SECTION 3. DHS 77.03 (9) and (10) are repealed.
SECTION 4. DHS 77.03 (11) is renumbered DHS 77.03 (4) and amended to read:
DHS 77.03 (4) “Deaf, deafblind or hard of hearing person" means a person who, because of some pathological or functional cause, with some degree of hearing loss who requires communication access services to effectively communicate with others.
SECTION 5. DHS 77.03 (12) to (14) are renumbered DHS 77.03 (5) to (7).
SECTION 6. DHS 77.03 (15) to (24) are repealed.
SECTION 7. DHS 77.04 (1) (a) is amended to read:
DHS 77.04 (1) General requirements. (a) The department may use funds from the appropriations under s. 20.435 (6) (a) and (1) (hs), Stats., to reimburse pay for communication access services providers for deaf, deafblind or hard of hearing persons in accordance with the requirements of this chapter. SECTION 8. DHS 77.04 (1) (b) 1. (intro.), 1. a. and b., 2., and (c) are amended to read:
DHS 77.04 (1) (b) 1. Only in the following circumstances, when When the department reimburses pays for a communication access services provider under par. (a), the department shall reimburse pay the provider without subsequently billing the individual who, or agency that requested the communication access services if any of the following apply:
a.
The individual or agency requesting communication access services is not required by state or federal law to provide those services;.b.
No other source of funding is applicable; or. DHS 77.04 (1) (b) 2. When the department reimburses pays for a communication access services provider under par. (a) in circumstances other than those specified in subd. 1., the department shall reimburse 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) Reimbursement 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. SECTION 9. DHS 77.04 (2) (title) and (2) are amended to read:
DHS 77.04 (2) Communication access services providers eligible for reimbursement payment. Except as provided in s. DHS 77.06 (3), the department may reimburse only pay communication access services providers on the list of certified providers and verified interpreters maintained by the department under s. DHS 77.09 (1). SECTION 10. DHS 77.04 (3) (a) 6. is renumbered DHS 77.04 (3) (b) 10. and amended to read:
DHS 77.04 (3) (b) 10. Job-related appointments 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.
SECTION 11. DHS 77.04 (3) (a) 7. is renumbered DHS 77.04 (3) (b) 11.
SECTION 12. DHS 77.04 (3) (b) (intro.) is amended to read:
DHS 77.04 (3) (b) Non-priority circumstances. The 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:
SECTION 13. DHS 77.04 (3) (b) 4. is repealed.
SECTION 14. DHS 77.04 (3) (b) 5. is amended to read:
DHS 77.04 (3) (b) 4. Meetings, workgroups or conference sponsored by non-profit organizations that do not receive state or federal funds, do not administer a statewide program, or whose mission is not specifically related to 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.
SECTION 15. DHS 77.04 (3) (b) 6. and 7. are repealed.
SECTION 16. DHS 77.04 (3) (b) 8. is amended to read:
DHS 77.04 (3) (b) 5. 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 session 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.
SECTION 17. DHS 77.05 (title), (1), (2) (a) and (b) are amended to read:
DHS 77.05 Requests for reimbursement payment of communication access services. (1) Any individual or any city, town, village, county, state, federal or private agency may request, in writing, that the department reimburse 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.
(2) (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) and (b), the department shall grant or deny the request. (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 for communication access services.
SECTION 18. DHS 77.06 (title) (1) is amended to read:
DHS 77.06 Communication access services providers eligible for reimbursement payment.
SECTION 19. DHS 77.06 (1) (intro.) is renumbered DHS 77.06 (1) and amended to read:
DHS 77.06 (1) Priority circumstance reimbursement Payment. In priority circumstances as specified under s. DHS 77.04 (3) (a), except as provided under sub. (3), the The department may reimburse the following provide payment to communication access services providers listed under s. DHS 77.09 (1):. SECTION 20. DHS 77.06 (1) (a) to (f) are repealed.
SECTION 21. DHS 77.06 (2) and (note) are repealed.
SECTION 22. DHS 77.06 (2) (note) is created to read:
DHS 77.06 (2) Note: This exception includes a request for a Sign Support Provider for individuals who are deafblind.
SECTION 23. DHS 77.06 (3) (intro.) and (a) to (c) are repealed.
SECTION 24. DHS 77.06 (3) (d) is renumbered DHS 77.06 (2) and amended to read:
DHS 77.06 (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.
SECTION 25. DHS 77.06 (4) (a) 1. and 2. are renumbered DHS 77.06 (3) (a) 1. and 2. and amended to read:
DHS 77.06 (3) Cancelling an appointment. (a) Person or agency. 1. Before canceling an appointment for which the department has approved reimbursement 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 or communication access services coordination agency a minimum of 48 hours’ notice.
DHS 77.06 (3) (a) 2. When a person or agency that requested communication access services misses an appointment for which the department has approved reimbursement 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 reimburse pay the communication access services provider or communication access services coordination agency for 2 hours of communication access services.
SECTION 26. DHS 77.06 (4) (a) 3. is repealed.
SECTION 27. DHS 77.06 (4) (b) is renumbered DHS 77.06 (3) (b).
SECTION 28. DHS 77.07 (title) and (1) are amended to read:
DHS 77.07 Reibursement Payment policies. (1) REIMBURSEMENT RATES. The department shall reimburse pay for communication access services providers according to licensure, certification and verification levels specialized skills, with the levels credentials requiring the most skill receiving the highest rates of pay.
SECTION 29. DHS 77.07 (2) (a) and (b) are amended to read:
DHS 77.07 (2) REIMBURSEMENT PAYMENT POLICIES. (a) To be eligible for department reimbursement payment, an individual or agency that provides communication access services providers shall provide to the department proof that he 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 any necessary documentation or forms to be added to the list of approved vendors.
DHS 77.07 (2) (b) A state employee who is a certified communication access services provider or verified interpreter may, if no other provider is available, be reimbursed 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 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.
