Louisiana Administrative Code › Title 50 - PUBLIC HEALTH-MEDICAL ASSISTANCE › Part VII - Long Term Care › Subpart 3 - Intermediate Care Facilities for Persons with Intellectual Disabilities › Chapter 315 - Client Rights › Section VII-31505 - Statute Authority

Current through Register Vol. 50, No. 6, June 20, 2024
A. Civil Rights
				  Act of 1964 (Title VI). Title VI of the Civil Rights Act of 1964 states: "No
				  persons in the United States shall, on the grounds of race, color, or national
				  origin, be excluded from participation in, be denied the benefits of, or be
				  subjected to discrimination under any program or activity receiving federal
				  financial assistance." The facility will meet the following criteria in regards
				  to the above-mentioned Act.
1. Compliance.
				  The facility will be in compliance with Title VI of the Civil Rights Act of
				  1964 and will not discriminate, separate, or make any distinction in housing,
				  services, or activities based on race, color, or national origin.
2. Written Policies. The facility will adopt
				  and implement written policies for compliance with the Civil Rights Act. All
				  employees and contract service providers who provide services to clients will
				  be notified in writing of the Civil Rights policy.
3. Community Notification. The facility will
				  notify the community that admission to the ICF/MR, services to clients, and
				  other activities are provided without regard to race, color, or national
				  origin.
a. Notice to the community may be
				  given by letters to and meetings with physicians, local health and welfare
				  agencies, paramedical personnel, and public and private organizations having
				  interest in equal opportunity.
b.
				  Notices published in newspapers and signs posted in the facility may also be
				  used to inform the public.
4. Housing. All clients will be housed
				  without regard to race, color, or national origin.
a. ICF/MRs will not have dual accommodations
				  to effect racial segregation.
b.
				  Biracial occupancy of rooms on a nondiscriminatory basis will be required.
				  There will be a policy prohibiting assignment of rooms by race.
c. Clients will not be asked if they are
				  willing to share a room with a person of another race, color, or national
				  origin.
d. Client transfer will not
				  be used to evade compliance with Title VI of the Civil Rights Act of
				  1964.
5. Open Admission
				  Policy. An open admission policy and desegregation of ICF/MR will be required,
				  particularly when the facility previously excluded or primarily serviced
				  clients of a particular race, color, or national origin. Facilities that
				  exclusively serve clients of one race have the responsibility for taking
				  corrective action, unless documentation is provided that this pattern has not
				  resulted from discriminatory practices.
6. Client Services. All clients will be
				  provided medical, nonmedical, and volunteer services without regard to race,
				  color, or national origin. All administrative, medical and nonmedical services
				  are covered by this requirement.
7.
				  All ICF/MR staff will be permitted to provide client services without regard to
				  race, color, or national origin.
a. Medical,
				  paramedical, or the professional persons, whether engaged in contractual or
				  consultative capacities, will be selected and employed in a nondiscriminatory
				  manner.
b. Opportunity for
				  employment will not be denied to qualified persons on the basis of race color,
				  or national origin.
c. Dismissal
				  from employment will not be based upon race, color, or national
				  origin.