N.J. Admin. Code § 10:70-1.7

Current through Register Vol. 56, No. 11, June 3, 2024

Section 10:70-1.7 - Nondiscrimination

(a) Title VI of the Federal Civil Rights Act of 1964 ( Public Law 88-352 ), the Americans with Disabilities Act, P.L. 101-336, and Section 504 of the Rehabilitation Act of 1973 prohibits discrimination on the ground of race, color, national origin, or handicap in the administration of any program for which Federal funds are received. Strict compliance with the provisions of this Act and any regulations based thereon is required as a condition of eligibility to receive Federal funds for assistance programs administered through the county boards of social services. These principles apply to the Medically Needy Program in New Jersey.

1. The county board of social services shall inform all staff members of their obligations in regard to Title VI of the Civil Rights Act of 1964, the Americans with Disabilities Act, P.L. 101-336, and Section 504 of the Rehabilitation Act of 1973.

2. All persons seeking medical assistance shall be informed of Title VI of the Civil Rights Act of 1964, the Americans with Disabilities Act, P.L. 101-336, and Section 504 of the Rehabilitation Act of 1973.

3. All persons seeking or receiving medical assistance shall be afforded an opportunity to file a complaint alleging discrimination on the ground of race, color, national origin, or handicap. Such complaints may be filed directly with the Regional Manager, U.S. Department of Health and Human Services, Office for Civil Rights, Jacob Javits Federal Building, 26 Federal Plaza, Suite 3312, New York, New York 10007, or with the Director, Division of Medical Assistance and Health Services, P.O. 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, will take whatever 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 may 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 county board of social services 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 Division of Medical Assistance and Health Services, or the Division of Civil Rights.

6. The Director, Division of Medical Assistance and Health Services, will be responsible for all final determinations as to whether or not the fact of discrimination has been established and for all decisions as to the disposition of the complaint. In arriving at such determinations, the Director will take into consideration relevant decisions or actions on the part of a court or governmental agency.

7. Each county board of social services shall comply with the decision of the Director of the Division of Medical Assistance and Health Services on any complaint of discrimination, including the imposition of disciplinary action as found necessary and reasonable in the case of discrimination by a staff member.

N.J. Admin. Code § 10:70-1.7

Amended by R.2006 d.364, effective 10/16/2006.
See: 38 N.J.R. 2368(a), 38 N.J.R. 4480(c).
Inserted ", the Americans with Disabilities Act, P.L. 101-336," and substituted "board of social services" for "welfare agency" throughout; in the introductory paragraph of (a), substituted "boards of social services" for "welfare agencies"; and in (a)3, updated address.