OFFICE OF THE SECRETARY, DEPARTMENT OF HEALTH AND HUMAN
SERVICES
AUTHORIZATION:
Civil Rights Act of 1964, Title VI, as amended;
Rehabilitation Act of 1973, Section 504, as amended; Education Amendments of
1972, Title IX; Age Discrimination Act of 1975, as amended; Communications Act
of 1934, as amended, Public Telecommunications Financing Act of 1978;
Nondiscrimination Provisions of the Public Health Service Act, Titles VI, VII,
VIII, and XVI, as amended; Omnibus Budget Reconciliation Act of 1981, Public
Law 97-35, as amended; Drug Abuse Offense and Treatment Act of 1972, Section
407; Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and
Rehabilitation Act of 1970, Section 321, as amended; Family Violence
Prevention and Services Act, as amended, Section 307 (a) (1) and (2), Public
Law 98-457; Americans with Disabilities Act, Title II, Subtitle A, Public Law
101-336; Small Business Job Protection Act of 1996, Section 1808, Public Law
104-188; Health Insurance Portability and Accountability Act of 1996 (HIPAA),
Public Law 104-191, 45 CFR Part 160 and Subparts A and E of Part
164--Standards for Privacy of Individually Identifiable Health Information.
To eliminate unlawful discrimination and ensure equal
opportunities for beneficiaries and potential beneficiaries of Federal
financial assistance provided by the Department of Health and Human Services (HHS),
as well as to eliminate unlawful discrimination against those involved in
programs and activities conducted by HHS on the basis of any individual's
disabilities. The Office for Civil Rights (OCR) enforces various civil rights
laws and regulations that prohibit discrimination on a variety of bases,
including race, color, national origin, mental and physical disabilities, and
age. These enforcement responsibilities include the community service
assurance under which health care facilities assisted by the Hill-Burton Act
must provide health care services to all persons residing or employed in the
service area without discrimination; the nondiscrimination provisions enacted
under the health care and other block grants administered by the Department;
and the nondiscrimination provisions of the Family Violence Prevention and
Services Act that prohibit discrimination on all of the bases listed above, as
well as sex and religion. Under Title II, Subtitle A of the Americans with
Disabilities Act of 1990, OCR is the HHS agency designated to enforce the
nondiscrimination provisions based on disability in programs, services and
regulatory activities of public entities relating to the provision of health
care and human services. OCR also has responsibility to enforce compliance
with Section 1808(c) of the Small Business Job Protection Act of 1996, which
contains provisions that prohibit discrimination in placement of children in
adoption and foster care settings on the basis of race, color, or national
origin. During FY 2003, OCR will begin to carry out enforcement of privacy
regulations under HIPAA following the compliance date of April 14, 2003. The
HIPAA rule protects the privacy of individually identifiable health
information maintained or transmitted by health plans, health providers and
clearinghouses.
TYPES OF ASSISTANCE:
Investigation of Complaints. Place Cursor Here for Definition
USES AND USE RESTRICTIONS:
The Office for Civil Rights (OCR), Department of Health and Human Services (HHS),
is responsible for ensuring that HHS beneficiaries of federally-assisted
programs receive benefits without discrimination. These benefits are provided
through state agencies, nursing homes, skilled nursing facilities, medical
laboratories, hospitals, day care centers, social service agencies and other
providers. Any person who believes that he or she has been discriminated
against in the provision of these services because of race, color, national
origin, disability, age, sex or religion, may file a complaint with OCR, HHS.
Individuals may also file complaints of sex discrimination in health training
programs receiving Federal financial assistance, and complaints of denials of
health care for reasons other than the need and availability of services, by
recipients of Hill-Burton grants and loans. As stated above, OCR has
enforcement responsibilities under the Americans with Disabilities Act (ADA)
and Section 1808 of the Small Business Job Protection Act (SBJPA) of 1996.
Regarding the ADA, any person who believes that he or she has been denied
benefits in health and human services programs and activities conducted by
state or local government entities, because of his/her disability, may file a
complaint with OCR, HHS. Regarding Section 1808 of the SBJPA of 1996, any
individual may file a complaint with OCR alleging that an adoption or foster
care organization funded by HHS makes placement decisions in violation of
Section 1808 of the SBJPA and Title VI of the Civil Rights Act of 1964. The
Office will investigate complaints and take steps to ensure compliance with
applicable civil rights laws. As indicated above, on April 14, 2003, OCR will
begin enforcing the HIPAA rule. OCR's activities under HIPAA will include:
investigating complaints; reviewing the compliance of health care providers,
health plans and clearinghouses; and conducting public education activities
that will entail outreach to health care providers, clearinghouses and health
plans to ensure that they understand their responsibilities under the privacy
rule.
ELIGIBILITY REQUIREMENTS:
Applicant Eligibility: Anyone who believes he or she
has been discriminated against in the manner outlined above, and recipients of
Federal financial assistance who desire technical assistance and information
for the purpose of assuring their compliance with nondiscrimination laws. OCR
will not accept complaints under HIPAA until the compliance date of April 14,
2003.
Beneficiary Eligibility: Individuals subject to
discrimination and recipients who require technical assistance and
information. OCR will not accept complaints under HIPAA until the compliance
date of April 14, 2003.
Pre-application Coordination: Contact the Director,
Office for Civil Rights. This program is excluded from coverage under E.O.
12372.
Application Procedure: Complaints may be filed
and technical assistance information requested at the Headquarters and
Regional Office locations of the Office for Civil Rights. Complaints under
HIPAA will not be accepted by OCR until the compliance date of April 14, 2003.
However, OCR is now providing public education on the rule.
Award Procedure: Not applicable.
Deadlines: A complaint must be filed not later
than 180 days from the last act of the alleged discrimination, unless the time
for filing is waived for good cause by the Regional Manager or National
Director. OCR is not accepting complaints under HIPAA until the compliance
date of April 14, 2003.
Range of Approval/Disapproval Time: Not
applicable.
Appeals: None.
Renewals: Not applicable.
ASSISTANCE CONSIDERATIONS:
Formula and Matching Requirements: This program has
no statutory formula or matching requirements.
Length and Time Phasing of Assistance: Not
applicable.
POST ASSISTANCE REQUIREMENTS:
Reports: Not applicable.
Audits: Not applicable.
Records: Not applicable.
FINANCIAL INFORMATION:
Account Identification: 75-0135-0-1-751.
Obligations: (Salaries, Expenses and Accrual Cost
Adjustments) FY01 $29,108,622; FY 02 est $33,753,000; and FY 03 est
$35,574,000.
Range and Average of Financial Assistance: Not
applicable.
In fiscal year 2001, 2,148 individual complaints of discrimination were filed
with OCR. OCR completed action on 2,138 complaint cases, including 784 cases
carried over from the preceding year, leaving a year-end inventory of 1,141
pending complaints. In fiscal year 2002, OCR expects to receive 2,200
complaints. For fiscal year 2003, OCR expects to receive 2,253 complaints of
discrimination. Post-grant reviews of compliance and investigations address a
variety of possible discriminatory practices under OCR's many statutory
authorities. They are not necessarily related to individual complaints. In
fiscal year 2001, OCR completed 164 post-grant reviews of compliance and
investigations. It is estimated that 450 post-grant reviews of compliance and
investigations will be conducted in fiscal year 2002; and 459 reviews of
compliance and investigations will be conducted in fiscal year 2003.
Approximately 200 reviews of compliance and investigations will be closed in
fiscal year 2002; and 232 in fiscal year 2003. To encourage voluntary
compliance by recipients, OCR offers technical assistance. This includes
developing and disseminating compliance information, conducting workshops for
recipients, designing model compliance plans for various types of covered
programs, and training state and local officials who are responsible for
achieving compliance. These activities are intended to provide recipients with
the skills needed to apply the statutes to particular circumstances. As a
result, the technical assistance program promises significant long-term
benefits by helping to prevent and eliminate discriminatory practices.
REGULATIONS, GUIDELINES, AND LITERATURE:
Title VI of the Civil Rights Act of 1964--the implementing regulation (45 CFR
80) and fact sheet entitled "Your Rights Under Title VI of the Civil
Rights Act of 1964"; Section 504 of the Rehabilitation Act of 1973--the
implementing regulation for HHS funded programs and activities (45 CFR 84),
briefing guide and fact sheets "Your Rights as an Individual with
Handicaps Under Section 504" and "Your Rights as a Person with HIV
Infection, AIDS, or Related Conditions"--and the HHS Section 504
federally conducted regulation (45 CFR 85); Age Discrimination Act of
1975--implementing regulations, HHS (45 CFR 91), and government-wide (45 CFR
90), and fact sheet "Your Rights Under the Age Discrimination Act";
Community Service Assurance of the Hill-Burton regulation (42 CFR 124) and
fact sheet "Community Service Assurance Under the Hill-Burton Act";
Sex Discrimination in Health-Related Training Programs regulation (45 CFR 83);
fact sheets on Section 1808/Multiethnic Placement Act (MEPA) and the Americans
with Disabilities Act (ADA); "How to File a Discrimination Complaint with
OCR;" and various other civil rights publications. All literature is
available at no charge; however, because of budgetary constraints and
availability of stock, quantities may be limited. Some publications are
available in a language other than English; and several are available on audio
cassette, computer diskette, and in Braille.
INFORMATION CONTACTS:
Regional or Local Office: Regional Manager, Office
for Civil Rights, HHS Regional Offices. (See Appendix IV of the Catalog for
listing.)
Headquarters Office: Director, Program, Policy
and Training Division, Hubert H. Humphrey Building, Room 506-F, 200
Independence Avenue, SW., Washington, DC 20201. Telephone: (202) 619-0553.
Director, Office for Civil Rights, Office of the Secretary, Department of
Health and Human Services, Hubert H. Humphrey Building, Room 506-F, 200
Independence Avenue, SW., Washington, DC 20201. Telephone: (202) 619-0403. FTS
is not available. Hotlines: 1-800-368-1019 (voice); 1-800-537-7697 (TDD).
