4206 ASSURING CULTURAL COMPETENCY

4206.1 In accordance with Title VI of the Civil Rights Act of 1964 and its implementing regulations (42 U.S.C. §§ 2000d et seq., 45 CFR part 80), Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. § 794), and Title II of the Americans with Disabilities Act of 1990 (42 U.S.C.§ 12132), no individual shall, on the grounds of race, color, national origin, Limited English Proficiency (LEP), or disability, be excluded from participation, be denied the benefits of, or be otherwise subjected to discrimination under any EPD Waiver Services program.

4206.2 Each provider shall develop an effective plan on language assistance for beneficiaries who are LEP, and ensure access to translation services and free interpretation services in accordance with guidance from Department of Health and Human Services, Office of Civil Rights, available at:

http://www.hhs.gov/civil-rights/for-individuals/special-topics/limited-english-proficiency/guidance-federal-financial-assistance-recipients-title-VI/index.html.

The plan shall address the LEP needs of the population it serves and ensure compliance with the Title VI of the Civil Rights Act of 1964 (42 U.S.C. §§ 2000d et seq.).

4206.3 In accordance with Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. § 794), and in order to prohibit discrimination on the basis of disability in programs that receive financial assistance from the federal government, each provider of EPD Waiver services shall ensure that all handicapped beneficiaries, shall have access to a provider's facilities or not be denied the benefits of, be excluded from participation in, or otherwise be subjected to discrimination under the Medicaid program (45 CFR § 84.21), and "shall adopt and implement procedures to ensure that interested persons, including persons with impaired vision or hearing, can obtain information as to the existence and location of services, activities, and facilities that are accessible to and usable by handicapped persons" (45 CFR § 84.22 (f)).

SOURCE: Final Rulemaking published at 50 DCR 9025 (October 24, 2003); as amended by Final Rulemaking published at 64 DCR 6784 (July 21, 2017).