Current through Register Vol. 54, No. 44, November 2, 2024
(a)
Application. Nondiscrimination requirements shall apply to
applicants and recipients and others participating in the programs. The
requirements relate not only to the activities of employes of the Department
engaged in the direct administration of public assistance but also to services
purchased or otherwise obtained from other agencies, organizations and
institutions for public assistance clients; and to the treatment of clients in
facilities in which the services are provided.
(b)
Prohibited practices of
discriminatory actions. Specifically prohibited shall be
discriminatory actions which directly or indirectly:
(1) Deny an individual any aid, care,
services or other benefits of the public assistance programs.
(2) Provide any aid, care, services or other
benefits to an individual which are different, or are provided in a different
manner, from those provided to others under the programs in the same
circumstances.
(3) Subject an
individual to segregation or separate treatment in any matter related to his
receiving any aid, care, services or other benefits of the programs.
(4) Restrict an individual in any way in the
enjoyment of an advantage or privilege enjoyed by others receiving any aid,
care, services or other benefits provided under the programs.
(5) Treat an individual differently from
others in determining eligibility for aid, care, services or benefits under the
programs.
(6) Deny an individual
the right to participate in service programs or afford him an opportunity to do
so which is different from that afforded others under the program.
(c)
Nondiscriminatory
requirements of Department personnel in the processing of
applications. The following requirements apply to Department personnel
involved in the processing of applications:
(1) The methods employed in administering
financial assistance and services are directed to enhancing and facilitating
the participation of each individual applicant or recipient in the rights,
benefits and opportunities available to him under the public assistance
programs.
(2) Specifically
prohibited are discriminatory practices because of race, color, national origin
or handicap with respect to the use of physical facilities, intake and
application procedures, caseload assignments, methods of determining
eligibility and the amount of the grant, or entitlement to other benefits under
the programs and the use of the grant and other benefits.
(3) An employe engaged in the administration
of public assistance who in any way curtails, jeopardizes or infringes on the
rights, benefits and opportunities of an individual applicant or recipient
because of his race, color, national origin or handicap will be subject to
disciplinary action.
(d)
Nondiscriminatory requirements of participating agencies, institutions,
organizations and vendors. Agencies, institutions, organizations and
vendors may participate in the public assistance programs only on agreement to
provide care and services on behalf of recipients without discrimination on the
ground of race, color, national origin or handicap and to continue compliance
with this agreement. Exceptions will be made for medical emergencies, that is
if it is necessary to provide immediate care or services to an individual to
prevent his death or serious impairment of his health, and it is impossible for
the care or services to be provided except by or through a medical institution
which has refused or failed to comply with the requirements prohibiting
discriminatory actions. The agencies, institutions and organizations affected
by this section and the requirements for each shall be as follows:
(1)
Medical institutions.
The requirements for medical institutions shall be as follows:
(i) A medical institution shall be defined as
a public or private establishment or facility organized to provide medical
care, including nursing and convalescent care.
(ii) The medical institutions to which the
provisions of this section apply shall be hospitals, nursing homes, geriatric
centers and mental institutions, both profit and nonprofit, and public or
private. To participate in the program each the medical institution shall admit
persons without regard to race, color, national origin or handicap and shall
provide care and treatment without discrimination based upon these
factors.
(iii) Medical institutions
shall be subject to the Pennsylvania Human Relations Act (43 P. S. §§ 951-963) prohibiting discrimination in "the
accommodations, advantages, facilities or privileges" of the institutions
because of race, color and national origin, as well as other factors. Since
this statute of the Commonwealth carries enforcement authority and penalties
for noncompliance, the absence of an official citation of violation is
acceptable evidence for initial participation in the program that a hospital or
nursing home is complying with the terms of the Civil Rights Act of 1964
(42 U.S.C.A. §§
1971,
1975 -d, 2000a-2000a-6) and this
section.
(iv) Continued compliance
for assistance purposes will be certified on the invoice forms submitted by the
hospitals or nursing homes for payment in behalf of public assistance
recipients.
(2)
Home nursing care agencies. A public or private nursing agency
or association otherwise eligible for participation in the medical care program
and providing home nursing care for assistance recipients shall comply with the
regulations of the Department prohibiting discrimination on account of race,
color, national origin or handicap. The nondiscriminatory requirements for home
nursing care agencies shall apply to the following:
(i) Intake policies and practices.
(ii) The nature and extent of the care and
treatment provided by the agency.
(3)
Practitioners and
vendors. Requirements for practitioners and vendors shall be as
follows:
(i) Practitioners and vendors
participating in the Medical Assistance Program shall be subject to the
regulations prohibiting discrimination on account of race, color, national
origin or handicap.
(ii) Invoices
from practitioners and vendors shall contain a certification that the
practitioner or vendor does not discriminate in his practice by reason of race,
color, national origin or handicap.
This section cited in 55 Pa. Code §
107.4 (relating to procedures to
assure nondiscrimination of participating agencies, institutions, organizations
and vendors).
