New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 70 - MEDICALLY NEEDY PROGRAM › Subchapter 1 - INTRODUCTION › Section 10:70-1.7 - Nondiscrimination

Current through Register Vol. 56, No. 14, July 15, 2024
(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.