16 Del. Admin. Code § 1000-1006

Current through Register Vol. 28, No. 7, January 1, 2025

Section 1000-1006 - Guaranteeing Civil Rights and Non-Discrimination

Title VI of the Civil Rights Acts of 1964, §504 of the Rehabilitation Act of 1973, 45 CFR Part 80, 84, 90, and 92 ; 7 CFR 272.6(a), 42 CFR § 440.262

This policy applies to any person who inquires about, applies for or receives any services from Division of Social Services (DSS) or Division of Medicaid and Medical Assistance (DMMA). It includes the use of all DSS or DMMA physical facilities. For this policy, the terms DSS or DMMA include all other persons or organizations that perform services for either Division.

1.Division Director Ensures Rights are Upheld

The DSS or DMMA Director, acting through administrative staff, coordinates the Division's Civil Rights Program. The Director ensures all staff comply with the requirements of the program.

The Director ensures that all aspects of the program are understood and implemented by staff members.

The Director ensures that all individuals asking about, applying for or receiving DSS or DMMA services are freely informed of their rights of protection against discrimination and their right to complain in any case of discrimination.

2.Staff Development and Training Unit Emphasizes Civil Rights

The Staff Development and Training Unit emphasizes the role of the Civil Rights Program in all services provided to individuals, especially as it relates to the rights and privileges of each individual.

The Staff Development and Training Program emphasizes that all applicants and recipients, and all persons receiving any care or services from or through the Division, will not be subject to discrimination of any kind on the grounds of race, color, national origin, sex, sexual orientation, gender identity, religious creed, age, disability, political beliefs, limited English proficiency (LEP), and/or retaliation.

3.Staff Protect Civil Rights

DSS and DMMA staff protect the civil rights of persons asking about, applying for or receiving any Division service.

4.Staff Do Not Discriminate

Staff do not discriminate against any person on the grounds of race, color, national origin, age, sex, sexual orientation, gender identity, disability, political beliefs, religious creed, retaliation, or any other form of discrimination.

DSS and DMMA do not directly or indirectly (through contracts or other arrangements) on the grounds of race, color, national origin, age, sex, sexual orientation, gender identity, disability, political beliefs religious creed, and/or retaliation:

A. Deny any person a DSS or DMMA service.

B. Subject any person to segregation or separate treatment in any matter related to his or her receipt of services.

C. Restrict any person's use of privileges enjoyed by others receiving Division services.

D. Treat any person differently from others in determining if that person satisfies any condition of eligibility that all persons must meet in order to qualify for services.

1006.1ENSURING NON-DISCRIMINATION IN THE PROVISION OF SERVICES

Title VI of the Civil Rights Acts of 1964, §504 of the Rehabilitation Act of 1973, 45 CFR Part 80, 84, 90, and 92 ; 7 CFR 272.6(a); 42 CFR § 440.262

This policy applies when any person inquires about, applies for, or receives services from the Division of Social Services (DSS) or the Division of Medicaid and Medical Assistance (DMMA) or a person or organization under contract with DSS or DMMA.

1.All Classes of People May Participate in any DSS or DMMA Program

2.DSS and DMMA Do Not Discriminate

Neither the Division nor its contractors will discriminate against any person because of race, color, national origin, sex, sexual orientation, gender identity, religious creed, age, disability, political beliefs, limited English proficiency (LEP), and/or retaliation.

DSS and DMMA will not discriminate:

A. In the type of services provided.

B. Against any class of people.

C. Regardless of the class of people to which services will be provided.

D. Regardless of the situation in which services will be provided.

1006.2RESERVED

1006.3PROVIDING CIVIL RIGHTS INFORMATION

Title VI of the Civil Rights Acts of 1964, Section 504 of the Rehabilitation Act of 1973, 45 CFR Part 80 7 CFR 272.6(b)

This policy applies to any individual who seeks or receives services or information from the Division of Social Services (DSS) or the Division of Medicaid and Medical Assistance (DMMA).

1.Staff Provide Information on Non-Discrimination

Staff will provide information about non-discrimination statutes and policies within ten days of request. (The information can be found at DSSM 1006.6 and DSSM 1006.1.)

Staff will advise individuals how to file a discrimination complaint (as per DSSM 1007) if they wish to file one.

Staff will provide individuals with our online civil rights complaint form if the individual wishes to make a civil rights complaint.

2.Staff Provide Information on Fair Hearings and Civil Rights

Staff will give all applicants a copy of Form 113, Information on Fair Hearings and Civil Rights.

3.DSS and DMMA Publicize the FSP Complaint Procedures

All offices will display the non-discrimination poster provided by FNS. The Division will also publicize the FSP complaint procedures.

1006.4ASSURING COMPLIANCE IN AREA OPERATIONS

Title VI of the Civil Rights Acts of 1964, §504 of the Rehabilitation Act of 1973, 45 CFR Part 80, 84, 90, and 92 ; 7 CFR 272.6(a); 42 CFR § 440.262

This policy applies to all Division of Social Services (DSS) or Division of Medicaid and Medical Assistance (DMMA) staff and vendors/contractors any time a service is provided to an applicant or recipient.

1.Management Assures Compliance by Staff and Vendor/Contractors

Staff are instructed by Management, during training and the normal course of work activity, to be alert to instances of discrimination.

Vendors and contractors are notified in their contract that all services provided on behalf of DSS must be provided without discrimination on account of race, color, national origin, sex, sexual orientation, gender identity, religious creed, age, disability, political beliefs, limited English proficiency (LEP), and/or retaliation. They are also notified that payment will not be made unless such services are provided without discrimination.

2.Staff Report Discrimination

If staff notice any instances of discrimination, staff will make a full written report to the Director via his or her Supervisor and the Civil Rights Coordinator.

3.Civil Rights Coordinator Maintains Records of Complaints

The Civil Rights Coordinator maintains complete records of all complaints that are made on the grounds of discrimination. He also maintains complete records of all appeals and fair hearings that are requested on the grounds of discrimination.

1006.5 REPORTING CIVIL RIGHTS PROGRAM ACTIVITIES

45 CFR Part 80 ; 7 CFR 272.6(a)

This policy applies any time a person, group, or agency makes a complaint alleging a civil rights violation.

1.Civil Rights Coordinator Reports on Civil Rights Activities

The Civil Rights Coordinator will prepare and submit required reports on all aspects of the Civil Rights Program, including:

A. Complaints of discrimination received

B. Appeals to the Division

C. Appeals to the Department of Health and Human Services

D. Verification of discrimination

E. Action taken and the results

2.Reports of FSP Complaints are Sent to FNS

All complaints of discrimination in the Food Supplement Program processed at the State level must be sent to FNS within 90 days of the date DSS receives the complaint.

The report must contain the following information if available to the Division:

A. Name, address, and telephone number of the person alleging discrimination.

B. Reason for the alleged discrimination.

C. Nature and date of the incident or action that led the person to allege discrimination.

D. Names and addresses of persons who may have knowledge of the discriminatory act(s).

3.Civil Rights Information is Made Available Upon Request

Upon request, the Civil Rights Coordinator provides:

A. Correspondence between DSS and other agencies.

B. Communications on Civil Rights issues.

C. Access to records and facilities (to representatives of the Department of Health and Human Services) for purposes of verifying compliance with the Civil Rights Act and Department of Health and Human Services Regulations.

1006.6PUBLICIZING THE CIVIL RIGHTS PROGRAM

Title VI of the Civil Rights Acts of 1964, §504 of the Rehabilitation Act of 1973, 45 CFR Part 80, 84, 90, and 92 ; 7 CFR 272.6(a); 42 CFR § 440.262

This policy applies when publicizing information about the Division of Social Services' (DSS') Civil Rights Program.

DSS Informs the Public of the Civil Rights Program

The DSS Civil Rights policy is available on the State website at www.dhss.delaware.gov/dss . The agency also displays posters in all its offices notifying all persons that assistance and services are provided to all eligible persons without regard to race, color, national origin, sex, sexual orientation, gender identity, age, religious creed, disability, political beliefs, limited English proficiency (LEP), and/or retaliation.

The Director will provide speakers from the administrative staff of the Department to any organization interested in learning more about the Civil Rights Program.

1006.7RESERVED

16 Del. Admin. Code § 1000-1006

16 DE Reg. 1191(5/1/2013)
20 DE Reg. 726( 3/1/2017) (Final)