1 CIVIL RIGHTS COMPLIANCE AND ENFORCEMENT Office for Civil Rights U.S. Department of Health and Human Services Introduction to OCR

2 Who Is the Office for Civil Rights OCR is an HHS agency that enforces:  civil rights laws that prohibit discrimination on the basis of race, color, national origin, disability, age, sex, and religion by recipients of Federal financial assistance from HHS; and  the Privacy and Security Rule under the Health Insurance Portability and Accountability Act (“HIPAA”) that protects health information from improper use and disclosure.

3 Who Is the Office for Civil Rights OCR investigates complaints that an agency has violated these laws. In addition, OCR conducts compliance reviews to help ensure compliance with these laws. OCR also provides technical assistance to help recipients better understand their responsibilities under the law.

4 Statutes Enforced Section 504 of the Rehabilitation Act of 1973 Title II of The Americans with Disabilities Act of 1990 Title VI of the Civil Rights Act of 1964 Title IX of the Education Amendments of 1972 Multi Ethnic Placement Act/Section 1808 of 1996 Age Discrimination Act of 1975 Other Civil Rights laws HIPAA Privacy, Security and Breach Notification Rules

Who Must Comply? Recipients of HHS financial assistance State and local public assistance and social service agencies Any health of human service provider that receives Federal funds directly of through contracts Hospitals, nursing homes, health clinics, adoption agencies, etc. and covered entities under HIPAA 5

OCR Investigations Determine Jurisdiction/Authority Notify Complainant of Receipt of Complaint Interview Complainant Notify Covered Entity of Receipt of Complaint Collect Data Interview Witnesses Secure Voluntary Compliance, if possible Issue Letter of Findings If Violation, Secure a Remedy 6

Section 504 of the Rehabilitation Act of 1973 No otherwise qualified individual with a disability…shall, solely by reason of his or her disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance or under any program or activity conducted by any Executive agency or by the United States Postal Service. 7

The Americans with Disabilities Act, Title II No qualified individual with a disability shall, by reason of such disability, be excluded from participation in or be denied the benefits of the services, programs, or activities of a public entity, or be subjected to discrimination by any such entity. 8

Qualified Individuals with Disabilities Individuals with disabilities are persons:  With a physical or mental impairment which substantially limits one or more major life activities; or  With a record of such impairment; or  Who are regarded as having such impairment 9

Qualified Individuals with Disabilities Major Life Activity:  Walking, talking, hearing, seeing, breathing, learning, performing manual tasks, and caring for oneself, etc. Essential Eligibility Requirements  Depend on the type of service or activity involved  For some activities the ability to meet specific skill and performance requirements may be “essential.” 10

Discriminatory Prohibitions Exclude or deny benefits based on an individual’s disability Provide separate or different benefits to individuals with disabilities Establish eligibility criteria that screen out or tend to screen out individuals with disabilities 11

Obligations Ensure that programs are accessible Make reasonable modifications unless it would result in fundamental alteration Provide services, programs and activities in the most integrated setting (MIS) Provide auxiliary aids and services at no cost to ensure effective communication 12

OCR Enforcement Town of Simsbury, CT Additional OCR resolution agreements: 

For More Information: U.S. Department of Health and Human Services Office for Civil Rights, Region I J.F.K. Federal Building, Room 1875 Boston, MA (617) (Voice) (617) (TDD) 14