Kentucky Administrative Regulations › Title 920 - CABINET FOR HEALTH AND FAMILY SERVICES › Chapter 1 - Administration › Section 920 KAR 1:090 - Client Civil Rights complaint process

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 18A.095, 194A.005(1), 194A.030(10), 344.010(5),
				344.015, 344.020,  7 C.F.R. 15, 15a, 15b, 15d, 15e, 16, 272.6, 28 C.F.R. 35, 36, 45 C.F.R. 80, 83, 84, 85, 86, 90, 91, 260.34, 260.35, 5 U.S.C. 552a, 7 U.S.C. 2011-2036, 20 U.S.C. 1681, 29 U.S.C. 794, 42 U.S.C. 290dd-1, 300w-7, 300x-57, 608(d), 708, 1996b, 8625, 9918, 10406, 12131-12213, 2000d-2000d-7, 6101-6107,
				 Pub.L. 109-171, 110-246, 110-325, EO 2009-541, Pres. EO 13166
NECESSITY, FUNCTION, AND CONFORMITY: KRS 194A.050(1) requires
				the Secretary of the Cabinet for Health and Family Services to promulgate,
				administer, and enforce those administrative regulations necessary to implement
				programs mandated by federal law or to qualify for the receipt of federal funds
				and necessary to cooperate with other state and federal agencies for the proper
				administration of the cabinet and its programs. KRS 344.015 and the federal
				grants to the cabinet, inclusive of those funds through the United States
				Departments of Health and Human Services and Agriculture, require the Cabinet
				for Health and Family Services to maintain a program atmosphere free from
				discrimination and to respond to a complaint alleging discrimination. This
				administrative regulation establishes the client Civil Rights complaint process
				for programs administered directly by the cabinet or indirectly through a
				contractual or other arrangement.
Section
			 1. Definitions.
(1) "Cabinet" is
			 defined by KRS 194A.005(1).
(2)
			 "Cabinet program" means a program of service, financial aid, or other benefit
			 administered by the cabinet and provided:
(a)
			 Directly by the cabinet; or
(b)
			 Indirectly by the cabinet through a contractual or other arrangement.
(3) "Client" means a person who:
(a) Applies in writing, electronically,
			 verbally, or through a designated representative for participation in a cabinet
			 program; or
(b) Receives a service,
			 financial aid, or other benefit from a cabinet program.
(4) "Complaint" means a verbal or written
			 allegation of discrimination in the delivery of a cabinet program.
(5) "Complainant" means a person or group of
			 people who alleges discrimination in the delivery of a service, financial aid,
			 or other benefit in a cabinet program.
(6) "Discrimination" is defined by KRS 344.010(5).
(7) "Nutrition program
			 or activity":
(a) Means a cabinet program
			 administered federally by the U.S. Department of Agriculture, Food and
			 Nutrition Services; and
(b)
			 Includes the Supplemental Nutrition Assistance Program (SNAP), formerly known
			 as the Food Stamp Program:
1. Defined by  7 U.S.C. 2012, as amended by  Pub.L. 110-246; and
2. Governed by Title 921 KAR Chapter
			 3.
(8)
			 "Office of Human Resource Management" or "OHRM" means the major organizational
			 unit of the cabinet established in accordance with KRS 194A.030(10) and EO
			 2009-541.
(9) "Protected class"
			 means a group of people who qualifies for protection from discrimination under
			 law, policy, or similar authority.
(10) "Retaliation" means an action taken
			 against an individual because the individual participated in a protected
			 activity, such as:
(a) Opposing or reporting a
			 discriminatory practice; or
(b)
			 Participating in or cooperating with an investigation of
			 discrimination.