Pennsylvania Code
Title 55 - HUMAN SERVICES
Part II - Public Assistance Manual
Subpart A - Assistance Policies and Procedures
Chapter 107 - NONDISCRIMINATION
Section 107.4 - Procedures to assure nondiscrimination of participating agencies, institutions, organizations and vendors
Universal Citation: 55 PA Code ยง 107.4
Current through Register Vol. 54, No. 44, November 2, 2024
(a) Administrative responsibilities for assuring nondiscrimination. The administrative responsibilities for assuring nondiscrimination will be as follows:
(1)
Participating agencies, institutions, organizations and vendors shall agree to
comply with the nondiscriminatory requirements in order to be eligible for
participation in the public assistance programs. However, the determination
that discrimination does not occur in the care of services provided public
assistance applicants or recipients will be a continuing responsibility of
staff.
(2) The responsibility for
assuring that in fact nondiscrimination exists will be carried out by
observation and inquiry by the caseworkers and other staff in the course of
visits to participating facilities, or in contacts with the client or other
persons in the community. If a practice is observed which may be
discriminatory, it will be reported to the Executive Director for further
review, and, if necessary, corrective steps. A situation which cannot be
resolved by the Executive Director in a reasonable period of time by
negotiation will be referred to the regional compliance officer.
(b) Notice of requirements. Each applicant, recipient and participating agency, institution or organization will be provided with a copy of Information Leaflet No. 12 describing the terms of the Civil Rights Act of 1964 and the protections against discrimination assured by such act.
(c) Complaint procedures. The following procedures shall apply to filing of complaints:
(1) Under Federal regulations, an applicant
or recipient of a Federally-aided category of public assistance may file a
complaint of discrimination directly with the United States Department of Human
Services. The complaint shall be filed within 180 days from the date of the
alleged discrimination unless the time for filing is extended by the
responsible Department official or his designee. However, the Department and
the County Assistance Offices will give prompt and just consideration to
complaints of discrimination made to them.
(2) The following applies to filing of
complaints:
(i) An applicant or recipient who
believes he has been discriminated against on the basis of race, color,
national origin or handicap by the Department, or by an agency, institution,
organization or vendor participating in the program, may file with the
Department or the County Assistance Office a written complaint of the alleged
discriminatory conditions or practices.
(ii) If the complaint alleges discrimination
by staff of the county office, the appeal and fair hearing process is made
available to the client in the same way as it is for any other public
assistance applicant or recipient who is dissatisfied with a decision or action
in respect to granting or continuing public assistance aid and services.
Reference should also be made to Chapter 275 (relating to appeal and fair
hearing and administrative disqualification hearings).
(iii) If the complaint alleges discrimination
by another agency or person providing public assistance care or services, the
following facts shall be obtained:
(A) The
reason for the belief that discrimination occurred.
(B) The specific action which the complainant
believed discriminatory and the dates of occurrence.
(iv) The county office will assess the
validity of the complaint and makes a full report together with recommendation
for corrective action to the Regional Compliance Officer within 30 days. The
Bureau of Human Services Compliance will arrange for a further investigation as
may be necessary. If the allegedly offending agency or institution is
supervised or licensed by the Department, such as nursing homes or hospitals,
the office responsible for the supervision or licensure will be asked to make
the investigation. Otherwise, the investigation will be made by appropriate
staff of the Bureau of Human Services Compliance, with consultative help from
interested agencies such as the Human Relations Commission.
(v) The Commissioner will submit a report of
the investigation of the complaint of discrimination, and related documents
together with his recommendation to the Secretary.
(vi) The Secretary, with appropriate legal
consultation, will determine whether or not the agency or institution is
violating the Civil Rights Act of 1964 and the regulations of the Department.
If the decision of the Secretary as in the affirmative, the agency, institution
or vendor will be notified in writing of the nature and extent of the violation
and asked to submit either of the following within 10 days:
(A) Written assurance that corrective action
has been taken or will be instituted within 90 days.
(B) A request for a hearing to show cause why
the agency or institution should not be disqualified for the receipt of public
assistance payments in behalf of persons eligible for the aid.
(vii) If the agency, institution,
organization or vendor requests a hearing, the hearing will be held in
accordance with procedures of the Department respecting
2
Pa.C.S. §§ 501-508 and
701-704 (relating to the
Administrative Agency Law).
(viii)
Copies of complaints, reports of investigation, orders for corrective action
and related documents will be transmitted to the Human Relations Commission for
its review and action under the anti-discrimination statutes of the
Commonwealth.
(ix) The county
office will be notified of the final decision on
complaints.
(d) Failure to comply with nondiscriminatory regulations. If an agency, institution, organization or other participant fails to comply with nondiscriminatory regulations, the following shall apply:
(1) The decision that an agency, institution,
organization or other participant as defined in §
107.3 (relating to requirements)
is failing to comply with the Civil Rights Act of 1964 and this chapter will be
made by the Secretary from evidence presented to him through direct complaints,
complaints to County Assistance Offices or others, and after appropriate
investigation and hearings as may be requested.
(2) If it has been decided that a
participating agency or person is not complying with the requirements on
nondiscrimination, the agency will be:
(i)
Advised in writing of the evidence of failure to comply and the effect of
continuing noncompliance on further participation in the program.
(ii) Given an opportunity to present evidence
of compliance, or the steps that will be taken to comply.
(3) If an agreement to comply is not reached
within a specified time, 90 days, at the most, the participant failing to
comply will be notified that eligibility for participation in the program is
cancelled. No further payments will be made to the vendor in behalf of public
assistance recipients being provided care or services.
(e) Records and reports. Procedures for records and reports will be as follows:
(1) State office will maintain a card file
for ready identification of complaints of violations of the Civil Rights Act of
1964 and Department regulations. As the complaint is satisfied, either by
corrective action or a decision that the complaint was not justified,
appropriate notation will be made on the card.
(2) The card records will be maintained for 3
years or until such time as Federal auditing purposes have been
served.
(3) Correspondence relating
to the complaint, its investigation and the action on it, will be maintained in
readily accessible form for review purposes as may be necessary.
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