N.J. Admin. Code § 10:69-9.12

Current through Register Vol. 56, No. 21, November 4, 2024

Section 10:69-9.12 - Nondiscrimination

(a) Title VI of the Federal Civil Rights Act of 1964 ( 42 U.S.C. §§ 2000d et seq.), section 504 of the Rehabilitation Act of 1973 ( 29 U.S.C. § 70b), the Age Discrimination Act of 1975 ( 42 U.S.C. §§ 6101 et seq.), and the Americans with Disabilities Act of 1990, ( 42 U.S.C. §§ 12101 et seq.), Section 1557 of the Affordable Care Act of 2010 (ACA), and the regulations issued thereunder by the Department of Health and Human Services (45 CFR Parts 80, 84, and 90), prohibit discrimination on the basis of race, color, sex, religion, age, national origin, or disability in the administration of any program for which Federal funds are received. Strict compliance with the provisions of these acts and any regulations based thereon is required as a condition to receive Federal funds for the assistance programs administered by the CWA.

1. The CWA shall inform all staff members of their obligations in regard to the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, Section 1557 of the ACA of 2010, and the Americans with Disabilities Act.

2. All persons seeking medical assistance shall be informed of Title VI of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, Section 1557 of the ACA, and the Americans with Disabilities Act.

3. All persons seeking or receiving medical assistance shall be afforded an opportunity to file a complaint alleging discrimination on the basis of race, color, sex, religion, age, national origin, or disability. Such complaints may be filed directly with the Regional Manager, U.S. Department of Health and Human Services, Office of Civil Rights, Jacob Javitz Federal Building, 26 Federal Plaza, Suite 3312, New York, New York 10278, or with the Director, Division of Medical Assistance and Health Services, PO Box 712, Trenton, New Jersey 08625-0712.

4. In any instance in which a complaint of alleged discrimination is filed with a State or county agency, the complaint shall be forwarded immediately to the Director, Division of Medical Assistance and Health Services. The Director, upon receipt of any such complaint, shall take any such action he or she deems appropriate to the situation. This action may include, but is not limited to, the securing of reports from whatever sources have knowledge pertinent to the situation and referral to the Division of Civil Rights of the New Jersey Department of Law and Public Safety, for investigation, evaluation, and recommendation by that agency.

5. The CWA shall afford full cooperation in the investigation of complaints of discrimination as may be requested by the Federal Department of Health and Human Services, the State Division of Medical Assistance and Health Services, or the State Division of Civil Rights.

N.J. Admin. Code § 10:69-9.12

Amended by 49 N.J.R. 3729(a), effective 12/4/2017