Wis. Admin. Code DHS § DHS 77.04

Current through October 28, 2024
Section DHS 77.04 - Criteria for reimbursement of communication access services providers
(1) GENERAL REQUIREMENTS.
(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.
(b)
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:
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.
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.
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.
(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.
(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).
(3) CIRCUMSTANCES ELIGIBLE FOR REIMBURSEMENT.
(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:
1. Emergencies.
2. Medical, mental health, alcohol and drug abuse, psychiatric or psychological services are needed.
3. In obtaining legal services and during civil court proceedings.
4. Matters involving law enforcement personnel.
5. Matters involving any federal, state, county or municipal agency.
(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:
1. Communications involving financial matters.
2. Communications involving housing and shelter.
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.
4. Meetings, workgroups or conferences sponsored by non-profit organizations that do not receive state or federal funds.
5. Activities that people who are not deaf, deafblind or hard of hearing participate in without accommodations.
9. Communications that may affect a person's ability to function safely or independently in the community.
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.
11. Funerals and memorial services.

Wis. Admin. Code Department of Health Services DHS 77.04

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.
Amended by, correction in (1) (a) and (c) under s. 13.92(4) (b) 7, Stats., Register November 2015 No. 719, eff.12/1/2015
Amended by, correction in (1) (a), (c) under s. 13.92(4) (b) 7, Stats., Register July 2018 No. 751, eff. 8/1/2018
Amended by, correction in (1) (a), (c) made under s. 13.92 (4) (b) 7, Stats., Register September 2022 No. 801, eff. 10/1/2022
Amended by, 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. 6/1/2023