Current through Register Vol. 50, No. 9, September 20, 2024
A. Civil
Rights Act of 1964 (Title VI). Title VI of the Civil Rights Act of 1964 states:
"No persons in the United States shall, on the grounds of race, color, or
national origin, be excluded from participation in, be denied the benefits of,
or be subjected to discrimination under any program or activity receiving
federal financial assistance." The facility will meet the following criteria in
regards to the above-mentioned Act.
1.
Compliance. The facility will be in compliance with Title VI of the Civil
Rights Act of 1964 and will not discriminate, separate, or make any distinction
in housing, services, or activities based on race, color, or national
origin.
2. Written Policies. The
facility will adopt and implement written policies for compliance with the
Civil Rights Act. All employees and contract service providers who provide
services to clients will be notified in writing of the Civil Rights
policy.
3. Community Notification.
The facility will notify the community that admission to the ICF/MR, services
to clients, and other activities are provided without regard to race, color, or
national origin.
a. Notice to the community
may be given by letters to and meetings with physicians, local health and
welfare agencies, paramedical personnel, and public and private organizations
having interest in equal opportunity.
b. Notices published in newspapers and signs
posted in the facility may also be used to inform the public.
4. Housing. All clients will be
housed without regard to race, color, or national origin.
a. ICF/MRs will not have dual accommodations
to effect racial segregation.
b.
Biracial occupancy of rooms on a nondiscriminatory basis will be required.
There will be a policy prohibiting assignment of rooms by race.
c. Clients will not be asked if they are
willing to share a room with a person of another race, color, or national
origin.
d. Client transfer will not
be used to evade compliance with Title VI of the Civil Rights Act of
1964.
5. Open Admission
Policy. An open admission policy and desegregation of ICF/MR will be required,
particularly when the facility previously excluded or primarily serviced
clients of a particular race, color, or national origin. Facilities that
exclusively serve clients of one race have the responsibility for taking
corrective action, unless documentation is provided that this pattern has not
resulted from discriminatory practices.
6. Client Services. All clients will be
provided medical, nonmedical, and volunteer services without regard to race,
color, or national origin. All administrative, medical and nonmedical services
are covered by this requirement.
7.
All ICF/MR staff will be permitted to provide client services without regard to
race, color, or national origin.
a. Medical,
paramedical, or the professional persons, whether engaged in contractual or
consultative capacities, will be selected and employed in a nondiscriminatory
manner.
b. Opportunity for
employment will not be denied to qualified persons on the basis of race color,
or national origin.
c. Dismissal
from employment will not be based upon race, color, or national
origin.
B.
Rehabilitation Act of 1973-Section 504. Facilities will comply with Section 504
of the Rehabilitation Act of 1973 that states: "No qualified person shall, on
the basis of handicap, 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."
C. Age Discrimination
Act of 1975. This Act prohibits discrimination on the basis of age in programs
or activities receiving federal financial assistance. All ICF/MRs must be in
compliance with this Act.
D.
Americans with Disabilities Act of 1990. All ICF/MR facilities must be in
compliance with this Act.
AUTHORITY NOTE:
Promulgated in accordance with
R.S.
46:153, R.S. 28.390,
42 CFR
483.420 and
483.410
(1), (2), (3), Title XIX of the Social
Security Act, Section 601 of Title VI of the Civil Rights Act of 1964; Section
504 of the Rehabilitation Act of 1973; and Age Discrimination Act of
1975.
