Current through Register Vol. 35, No. 18, September 24, 2024
A. Statement of nondiscrimination: HCA
programs must be administered in a manner which makes sure that no person is
denied any aid, care, services or other benefits on the grounds of race, color,
age, sex, handicap, religious creed, national origin or political beliefs, or
is otherwise subjected to unlawful discrimination.
B. Right to file complaint: Any individual
who thinks they are being discriminated against because of race, color, sex,
handicap, religious creed, national origin or political beliefs has the right
to file a complaint with the central or any local HCA office, or with the U.S.
department of health and human services, the U.S. department of justice, the
U.S. department of agriculture, or the civil rights commission in Washington
D.C.
(1) Complaint form: Individuals wishing
to file complaints with HCA may use forms provided by ISD on request. A letter
or statement, written or oral, expressing a belief of being unlawfully
discriminated against is also accepted as a complaint.
(2) Unwritten complaints: If an individual
alleges that a discriminatory act has been committed, but refuses or is
reluctant to put the complaint in writing, the person receiving the complaint
does so.
(3) Written complaints:
Written complaints are accepted even if the information listed below in
Paragraph 6 of Subsection B of
8.100.100.16 NMAC is
incomplete.
(4) Investigation: HCA
investigates any complaints received. Individuals making complaints are told
whether unlawful discrimination is found to exist and what other action may be
taken by complainants who are not satisfied with the decision.
(5) Food stamp complaint deadline: A
complaint claiming unlawful discrimination in the food stamp program must be
filed no later than 180 days after the date of the alleged discrimination.
However, this deadline may be extended by the U.S. secretary of
agriculture.
(6) Information
needed:
(a) name, address and telephone number
or other means of contacting complainant;
(b) location and name of individual/ agency
responsible for delivering service and accused of discriminatory
practices;
(c) nature of incident
or action causing the complainant to allege unlawful discrimination; or an
example of the aspect of the program administration which is alleged to harm
potential participants or the individual making the complaint;
(d) basis on which complainant feels unlawful
discrimination exists (age, race, handicap, sex, religious creed, color,
national origin or political beliefs);
(e) names, titles and addresses of persons
who may have knowledge of the discriminatory acts;
(f) date or dates on which the alleged
discriminatory actions occurred.
C. Complaint system: Complaints regarding
individual case deficiencies, such as processing standards or service to
participants and applicants, are referred to the relevant county office.
(1) Exclusions: This procedure does not
include:
(a) complaints that can be pursued
through a fair hearing; and
(b)
some mail issuance complaints: for example, if a recipient complains of
nonreceipt of coupons through the mail, the procedures for replacement of
coupons lost in the mail are followed; however, if the complaint concerns the
mailing system, (staggered issue, use of certified mail, etc.) the complaint is
handled through the complaint procedure.
(2) Filing: No special format is necessary
for an individual to file a complaint. Instead, the complainant is encouraged
to lodge a complaint by telephone (using HCA's toll-free number), through the
mail, or in person. If a complainant needs help lodging the complaint, an ISS
provides this help.
(3) Response: A
complainant receives a response to their complaint within 10 days after receipt
of the complaint.
(4) Public
information: ISD personnel give information regarding the complaint system and
civil rights complaints to all program recipients, applicants, and other
interested persons. Such information is provided to clients during interviews,
included in brochures, and publicized by posters displayed in all ISD offices.
D. Bilingual services:
The state provides bilingual outreach materials and staff. This service is
provided to households without an English-speaking adult. If a recipient has
limited literacy or comprehension of English, the HCA employee provides, in a
language understood by the recipient, an explanation containing the following
elements:
(1) that the information requested
is needed to determine eligibility for assistance;
(2) the consequences of providing incorrect
or incomplete information;
(3) that
changes in circumstances must be reported to HCA according to specific program
changes;
(4) the consequences of
failure to report changes;
(5) that
HCA takes appropriate legal and administrative steps to recover overpayments
which result from incorrect, incomplete or late reporting of
information;
(6) a list of all
information or changes which must be reported;
(7) monthly or other periodic reporting
requirements.
