Missouri
Department of Social Services (MDSS)
Division of
Medical Services
The MDSS/Office for Civil Rights enforces several Federal civil rights laws that prohibit discrimination in programs or activities that receive federal financial assistance through the MDSS/Division of Medical Services. Discrimination on the basis of race, color, and national origin is prohibited by Title VI of the Civil Rights Act of 1964; sex discrimination is prohibited by Title IX of the Education Amendments of 1972; discrimination on the basis of disability is prohibited by Section 504 of the Rehabilitation Act of 1973; and age discrimination is prohibited by the Age Discrimination Act of 1975.
CIVIL RIGHTS LAWS PERTINENT TO VENDOR
COMPLIANCE
¨ Civil Rights Act of 1964, as Amended
Title VI:
No person in the United States shall, on the grounds of race, color or national origin be excluded from participation in, be denied benefits of, or otherwise subjected to discrimination under any program or activity receiving federal assistance. The Title VI regulation prohibits retaliation for filing an unlawful discrimination complaint or for advocacy for a right protected by Title VI.
1) Designation of a ‘Civil Rights Coordinator’;
2) Public notification of a non-discrimination policy;
3) Civil Rights training for employees;
4) Designating a particular complaint procedure for clients wanting to file a complaint of discrimination; and
5) Collection of racial/ethnic data as required
Title VII:
Prohibits discrimination on the basis of race, color, national origin, sex, or religion in all employment activities (i.e., interviews, promotions, disciplinary actions, terminations, etc.).
Prohibits discrimination against any person on the basis of sex, in any educational program or activity receiving federal financial assistance, in accordance with Title IX of the Education Amendments of 1973. (P.L. 92-318)
¨ Age Discrimination in Employment Act of 1967
Prohibits
discrimination on the basis of age (40 and above) in all employment activities.
¨ Rehabilitation Act of 1973
No otherwise qualified disabled individual in the United States, as defined (elsewhere in the Act), shall, solely by reason of disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination in employment, under any program or activity receiving federal financial assistance. (P.L. 93-113)
Reasonable accommodation must be made to the known disabling condition of an employee or an applicant for employment unless it creates an undue hardship on the employer.
No qualified disabled person shall, on the basis of disability be excluded from participation in, be denied the benefits of, or otherwise be subjected to discrimination under any program or activity which receives or benefits from federal financial assistance. (45CFR part 84.4[a])
1) Facility must be accessible to the disabled.
2) Program, benefits or activity must be accessible to the disabled.
¨ Age Discrimination Act of 1975, as Amended
No person in the United States shall, on the basis of age, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving financial assistance. (45 CFR parts 91.4 and 91.11)
¨ Omnibus Budget Reconciliation Act of 1981
Title IX, Health Services and Facilities
Section 190B, (2)
No person shall, on the grounds of sex or religion be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity funded, in whole or in part, with funds made available under this part.
¨ The Americans with Disabilities Act of 1990
42 U.S.C. 12101 et seq (ADA)
The purpose of the Act is to provide a clear and comprehensive national mandate for the elimination of discrimination against individuals with disabilities and to bring persons with disabilities into the economic and social mainstream of American life; to provide enforceable standards addressing discrimination against individuals with disabilities and to ensure that the federal government plays a central role in enforcing these standards on behalf of individuals with disabilities.
¨ Civil Rights Act of 1991
This Act provides appropriate remedies for intentional discrimination and unlawful harassment in the workplace. It also overturned recent decisions of the Supreme Court by expanding the scope of relevant Civil Rights Statutes in order to provide adequate protection to victims of discrimination.
DEFINITIONS
APPLICANT — One who submits an application or request to receive services, benefits or participates in any program or activity funded by or in part with federal monies; i.e., Medicaid.
CFR — Code of Federal Regulations
DISABLED VETERAN – A veteran who is entitled to compensation (or who but for the receipt of military or retirement would be entitled to compensation) for a service-connected disability under laws administered by the Veteran’s Administration.
INDIVIDUALS WITH DISABILITIES – Any person who has a physical or mental impairment that substantially limits one or more of the person’s major life activities, or who has a record of such impairment, or who is regarded as having such impairment.
MINORITY GROUP – Includes all defined, protected classes based on race and gender. Specifically, African-American, Hispanic, Asian/Pacific Islander, Native American/Alaskan Native and female.
VENDOR – Any public or private agency, institution, organization, individual or other entity to whom federal financial assistance is extended for any program or delivery of services (i.e., nursing homes, child care providers, physicians, therapists, etc.).
VIETNAM ERA VETERAN – Any veteran who served on active duty for a period of more than 180 days, any part of which occurred during the Vietnam Era (August 5, 1964 through May 7, 1975) and who was discharged or released from service with other than a dishonorable discharge inclusive of those discharged or released from active duty for a service-connected disability.
It is recommended that each provider complete a Civil Rights Contract Compliance Self Assessment Form annually. (Instructions for completing the Self Assessment Form are available on this website.) The Civil Rights Contract Compliance Self Assessment Form is designed to assist providers in identifying those areas which the provider facility must improve in order to be found in compliance. The form identifies several key areas that would be part of any facility desk review or site visit conducted by the MDSS Office for Civil Rights. Completing this form will help providers understand civil rights compliance requirements. Providers should maintain a copy of the completed form in their records.
Provider desk reviews offer both educational and technical
assistance to the provider and office staff. Desk reviews provide the
opportunity to conduct a preliminary review of the provider’s facility,
policies, and procedures and ensure the provider understands the applicable
civil rights laws and MDSS standards, policies and procedures. A desk review generally consists of a request
for information which can be submitted by the provider by mail or facsimile.
Purpose
of Site Visits
Provider site visits offer both educational and technical
assistance to the provider and office staff.
In addition, site visits provide MDSS with the opportunity to evaluate
the practices, procedures, and level of service offered by our contract
providers. Site visits provide the
opportunity to:
Who
Conducts Desk Reviews and Site Visits
Desk reviews and site visits may be conducted by the Department
of Health and Human Services and/or the Department of Social Services’ Office
for Civil Rights staff, and as required, staff from other units within the
Department. Prior to a desk review or
site visit by the MDSS, Office for Civil Rights,
the Office for Civil Rights will generally contact the provider to arrange
the date and scope of the review or site visit. The MDSS, Office for Civil Rights review or
site visit may include a review of:
Notifying
a Provider About a Site Visit
Except in cases where advance notice is not possible or advance
notice may render the visit less useful, site visits are scheduled with the
provider prior to the visit. A letter may be sent to the provider prior to
the site visit, listing the areas that will be evaluated and discussed. The
frequency of a site visit will depend upon:
Results
of a Desk Review or Site Visit
Issues and concerns related to civil rights matters that are
brought up during the desk review or site visit are followed up promptly
either verbally or in writing. A follow-up letter may be sent to the provider
after the review or visit that will address outstanding issues, clarify any
discussion items and notify the provider of any changes that must be made for
the provider to be found in compliance. Results from the MDSS, Office for
Civil rights site visit and related correspondence may be placed in the
provider file. Providers that are
repeatedly found to be non-compliant may be exited from the Missouri Medicaid
Program. |
Compliance with Civil Rights
Laws and Regulations (dated
Non-Discrimination Policy
Statement
Sample
Complaint/Grievance Procedure
Non-Discrimination in the
Provision of Services Poster
Instructions
for Completing a Self Assessment Form
Links to MCHR Posters and Information
Links to HHS Posters and Information
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Assistance with language barriers
can usually be found through your nearest high school, college or
university.
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Governor’s Committee on
Employment of People with Disabilities
(573) 751-2600 or (800)
877-8249
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Missouri School for the Deaf
(573) 592-4000
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Wolfner Library for the Blind and Physically Handicapped
(800) 392-2614
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Relay Missouri (enables telephone
communication between the hearing and those who are hearing impaired or deaf)
Voice: (800)
735-8466
Teletype: (800)
735-2966
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JAN (Free consulting service designed to increase the employability of people with disabilities.)
ü ADA/IT(Resource for information on the Americans with Disabilities Act and Accessible Information Technology)
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Language
Line {Click here for link to languageline.com}
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University
Outreach and Extension {Click here for link to http://www.communityconnection.org/ccver2/index.jsp}