DEPARTMENT OF HEALTH & HUMAN SERVICES Substance Abuse and Mental

Health Services Administration

Center for Mental Health Services

Center for Substance Abuse

Prevention

Center for Substance Abuse

Treatment

Rockville MD 20857

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Dear SSA Director:

Recently, the Center for Substance Abuse Treatment, Division of State and Community

Assistance received a request to clarify the ability of a State to use Block Grant funding for a

specific target population --tribal members. The request was based, in part, on a determination

that tribal members had the greatest need for services. The request involved whether a Tribe has

the ability to either limit enrollment to the tribal members or to give preferential admission status

to them. To insure that all States are aware of the requirements of the Substance Abuse

Prevention and Treatment (SAPT) Block Grant, we want to share the question and answer with

you.

l~

The State submitted a request to determine if a SAPT Block Grant sub-recipient (in this

particular case, a tribal treatment program operating on a Reservation) could limit admission to a

particular target population (tribal members) only. The State subsequently submitted a request

for additional clarification regarding whether the prospective SAPT Block Grant sub-recipient

could give preference to the target population and provide services to others as capacity allows.

DETERMINATION

It has been determined that the proposal would violate the non-discrimination provision

contained in 42 V.S.C. 330x-57 which prohibits discrimination based on age, disability, sex,

religion, race, color, or national origin in programs funded in whole or in part with SAPT Block

Grant funds. Further, the HHS regulation implementing the provisions of title VI of the Civil

Rights Act of 1964 in programs receiving Federal assistance through HHS prohibits

discrimination in such programs (45 C.F .R. Part 80).

Specifically, the regulation prohibits discrimination for and against individuals based on race,

color, or national origin. A recipient under any program receiving Federal assistance through

HHS may not, directly or through contractual or other arrangements, on the grounds of race,

color, or national origin: (i) deny any individual any service or 9ther benefit provided under the

program; (ii) provide any service or other benefit to an individual which is different, or is

provided in a different manner, from that provided to others under the program; (iii) subject an

individual to segregation or separate treatment in any matter related to his receipt of any service

or other benefit under the program; (iv) restrict an individual in any way in the enjoyment of any

advantage or privilege enjoyed by others receiving the service or other benefits under the

Office of the Administrator -Office of Applied Studies -Office of Communications -Office of Policy, Planning and Budget -Office of Program Services
Page 2

program; (v) treat an individual differently from others in determining whether he satisfies any

admission, emollment, quota, eligibility, membership or other requirement or condition which

individuals must meet in order to be provided any service or other benefit provided under the

program; or (vi) deny an individual an opportunity to participate in the program through the

provision of services or otherwise afford him an opportunity to do so which is different from that

afforded others under the program. 45 C.F.R. 80.3(b)(1).

Thus, the non-discrimination provisions of the SAPT Block Grant and HHS regulations do not

allow a recipient of the Block Grant funds to exclusively serve or give preference to a targeted

population based on an impermissible factor such as race or ethnicity. The only exception is that

specifically allowed in statute (priority admission for pregnant women).

Sincerel; /

.H., CAS, F ASAM

cH. 'vestl'ely .

uiroctor (,

Center for Subst~ Abuse Treatment

Cc: State Project Officer

John Campbell

Anne Herron