Section 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 (4) (hs) , Stats., to reimburse communication access services providers for deaf, deafblind or hard of hearing persons in accordance with the requirements of this chapter.

(b)

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:

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

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 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 .

(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 (4) (hs) , Stats.

(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) .

(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.

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.

7. Funerals and memorial services.

(b) Non-priority circumstances. 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 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.

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.

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) .

7. After school activities for children that are temporarily not covered under federal laws while an alternate source of funding is being pursued.

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.

9. Communications that may affect a person's ability to function safely or independently in the community.

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 .