AZ
"7. MAINSTREAMING OF AHCCCS
MEMBERS
To ensure mainstreaming
of AHCCCS members, the Contractor shall take affirmative action so that
members are provided covered services without regard
to...physical or mental handicap, except where medically indicated.
Examples of prohibited practices include, but are not limited to, the following:
...
d. The assignment
of times or places for the provision of services on the basis of the...physical
or mental handicap of the participants to be served." Arizona Contract,
page 20.
"23. NON-DISCRIMINATION
The Contractor shall comply...and
all other applicable federal and state laws, rules and regulations, including
the Americans with Disabilities Act. The Contractor
shall take positive action to ensure that applicants for employment, employees,
and persons to whom it provides service are not discriminated against due
to...disability." Arizona Contract, page 60.
"18. NON-DISCRIMINATION REQUIREMENTS
If applicable, the Subcontractor
shall comply with: ...
d. Title I of the
Americans with Disabilities Act of 1990, as amended, which prohibits private
employers and state and local governments from discriminating against job
applicants and employees on the basis of disability...
h. Section 503 of
the Rehabilitation Act of 1973, as amended, which prohibits discrimination
in the employment or advancement of the employment of qualified persons
because of physical or mental handicap.
i. Section 504 of
the Rehabilitation Act of 1973, as amended, which prohibits discrimination
of the basis of handicap in delivering contract services." Arizona Contract,
page A4.
AZBH
"SECTION E: CONTRACT CLAUSES...
2. COMPLIANCE WITH NON-DISCRIMINATION
LAWS...
ADHS shall comply with the
requirement of Section 503 of the Rehabilitation Act of 1973, as amended,
and the Americans with Disabilities Act which prohibits discrimination
in the employment or advancement in employment of qualified
persons because of physical or mental handicap... ADHS shall comply with
the requirement of Section 504 of the Rehabilitation
Act of 1973, as amended which prohibits discrimination on the basis of
handicap in delivering covered services." Arizona Behavioral Contract,
page 39.
"ATTACHMENT A
MINIMUM ADHS CONTRACT (SUBCONTRACT)
PROVISIONS.
18. NON-DISCRIMINATION REQUIREMENTS
If applicable, the Contractor
shall comply with: ...
d. Title I of the
Americas with Disabilities Act of 1990, as amended, which prohibits private
employers and state and local governments from discriminating against job
applicants and employees on the basis of disability...
h. Section 503 of
the Rehabilitation Act of 1973, as amended, which prohibits discrimination
in the employment or advancement of the employment
of qualified persons because of physical or mental handicap.
I. Section 503 of
the Rehabilitation Act of 1973, as amended, which prohibits discrimination
on the basis of handicap in delivering contract services." Arizona Behavioral
Health Contract, page A-3.
CA
"3.9 NONDISCRIMINATION CLAUSE
COMPLIANCE
A. During the performance
of this Contract, Contractor and its subcontractors will not unlawfully
discriminate, harass, or allow harassment, against any employee or applicant
for employment because of... physical disability (including HIV and AIDS),
mental disability...Contractors and subcontractors will insure that the
evaluation and treatment of their employees and applicants for employment
are free from discrimination and harassment...
3.10 DISCRIMINATION PROHIBITION
The Contractor will not
discriminate against Members or Eligible Beneficiaries because of... physical
or mental handicap in accordance with Title VI of the Civil Rights Act
of 1964, 42 USC Section 2000d, rules and regulations promulgated
pursuant thereto, or as otherwise provided by law or regulations. For the
purpose of this Contract discriminations on the grounds
of... physical or mental handicap include but are not limited to the following:
denying any Member any Covered
Services or availability of a Facility; providing to a Member any Covered
Service which is different, or is provided in a different
manner or at a different time from that provided to other Members under
this Contract except where medically indicated;
subjecting a Member to segregation or separate treatment in any manner related to the receipt of any Covered Service;
restricting a Member in any way in the enjoyment of any advantage or privilege enjoyed by others receiving any Covered Service, treating a Member or Eligible Beneficiarydifferently from others in determining whether he or she satisfies any admission, Enrollment, quota, eligibility, membership, or other requirement or condition which individuals must meet in order to be provided any CoveredService;
the assignment of times or places for the provision of services on the basis of the... physical or mental handicap of the participants to be served.
The Contractor will take affirmative action to ensure that Members are provided Covered Services without regard to... physical or mental handicap, except where medically indicated. For the purposes of this section, physical handicap includes the carrying of a gene which may, under some circumstances, be associated with disability in that person's offspring, but which causes no adverse effects on the carrier. Such genes will include, but are not limited to, Tay-Sachs trait, sickle cell trait, thalassemia trait, and X-linked hemophilia.
3.11 DISCRIMINATION COMPLAINTS
The Contractor agrees that
copies of all Grievances alleging discrimination against Members or Eligible
Beneficiaries because of... physical or mental handicap will be forwarded
to DHS for review and appropriate action." California Contract, pages 18-19.
"3.23.1 Enrollment - General
Eligible Beneficiaries residing
within the Service Area of Contractor may be enrolled at any time during
the term of this Contract. Eligible Beneficiaries shall be accepted by
Contractor up to the limits imposed in Section 3.23.2, Enrollment Totals,
and without regard to physical or mental condition." California Contract,
page 31.
"3.39 AMERICANS WITH DISABILITIES
ACT OF 1990 REQUIREMENTS
The Contractor will comply
with all applicable federal requirements in Section 504 of the Rehabilitation
Act of 1973 and the Americans with Disabilities Act of 1990 (42 USC, Section
12100 et seq.), Title 45, Code of Federal Regulations (CFR), Part 84 and
Title 28, CFR, Part 36." California Contract, page 45.
"6.5.7.9 Access for Disabled
Members
The Contractor's Facilities
will comply with the requirements of Title III of the Americans with Disabilities
Act of 1990, and will ensure access for the disabled which includes, but
is not limited to, ramps, elevators, restrooms, designated parking spaces,
and drinking water provision." California Contract, page 99.
6.8.1 Marketing Representatives
Contractor shall ensure,
in addition to compliance with the requirements of Title 22, CCR, Section
53880, that...
C. Marketing Representatives
do not engage in Marketing practices that discriminate against an Eligible
Beneficiary
because of... physical or
mental handicap." California Contract, page 133.
CO
"III. MARKETING.
E Prohibited Marketing Activities
The Contractor is barred
from the following activities when offering its plan to Clients:
a. Discriminatory activities
- these would include attempts to discourage participation on the basis
of...disability..." Colorado Contract, pages 16, 18.
"VII. GENERAL REQUIREMENTS
A. Compliance with laws
and regulations
The Contractor shall at
all times during the execution of this Contract strictly adhere to all
applicable federal and state laws and implementing regulations as they
currently exist and may hereafter be amended. The Contractor acknowledges
that the following laws are included: ...
- Section 504 of the Rehabilitation
Act of 1973, 29 U.S.C. Section 794, and its implementing regulation, 45
C.F.R. Part 84; and ...
- The Americans with Disabilities
Act PL 101-336, July 1990; and...
- 94-165 Energy Policy and
Conservation Act and all regulations applicable to these laws prohibiting
discrimination because of... disability, including
Acquired Immune Deficiency Syndrome (AIDS) or AIDS related conditions,
covered under Section 504 of the Rehabilitation Act
of 1973, as amended, cited above." Colorado Contract, pages 27-28.
CT
"3. FUNCTIONS AND DUTIES
OF THE MCO
The MCO agrees to the following
duties...
3.2 Non-Discrimination
a. The MCO shall
comply with all Federal and State laws relating to non-discrimination and
equal employment opportunity and with the Americans
with Disabilities Act of 1990 (42 USC §§12101 -12189 and §§12201-12213)
(Supp. 1993); 47 USCS §§225, 611 (Supp. 1993)." Connecticut Contract,
pages 15-16.
"5.17 Civil Rights
Federal Authority
a. The MCO shall
comply with . the Americans with Disabilities Act of 1990 (42 U.S.C. §1210,
et seq.) and Section 504 of the Rehabilitation Act
of 1973 (29 U.S.C. §794)
Discrimination
a. Persons may not,
on the grounds of... disability be excluded from employment in, denied
participation in, denied benefits of or be otherwise subjected to discrimination
under any program or activity connected with the implementation of this
contract." Connecticut Contract, page 71.
"Appendix B: HCFA Civil Rights
Compliance Policy...
As our partner with the
administration of the Medicaid program you likewise are obligated to comply
with those statutory civil rights laws. As stipulated
in the policy statement, these laws include: ... Section 504 of the Rehabilitation
Act, as amended.the Americans with Disabilities Act of 1990 as amended."
Connecticut Contract, Appendix B, page 1.
DE
"8.4 Mainstreaming
The State considers mainstreaming
of Medicaid and Title XXI beneficiaries into the broader health delivery
system to be important. The MCO therefore must agree that all of its network
providers will accept program members for treatment. The MCO also must
agree to accept responsibility for ensuring that network providers do not
intentionally segregate members in any way from other persons receiving
services. Examples of prohibited practices include, but are not limited
to, the following: ...
(d) The assignment
of times or places for the provision of services on the basis of the...
physical or mental handicap of the participants to be served." Delaware
RFP, pages II.55-II.56.
DC
"ARTICLE V - NON-DISCRIMINATION
Provider shall not either
directly or through sub-contract, discriminate on the basis of ...disability...
in the execution of any health care or administrative duty under this contract."
District of Columbia Contract, page 36.
FL
"L. Civil Rights Requirements
Provider Assurance
The provider assures that
it will comply with: ...
b. Section 504 of
the Rehabilitation Act of 1973, as amended, 29 U.S.C. 794, which prohibits
discrimination on the basis of handicap...
f. The Americans with Disabilities Act of 1990, P.L. 101336, which prohibits discrimination on the basis of disability and requires reasonable accommodation for persons with disabilities." Florida Contract, page 2.
FLMH
"L. Civil Rights Requirements
Provider Assurance
The provider assures that
it will comply with: ...
b. Section 504 of
the Rehabilitation Act of 1973, as amended, 29 USC §794, which prohibits
discrimination on the basis of handicap...
e. Section 654 of
the Omnibus Budget Reconciliation Act of 1981, as amended, 42 USC §9849,
which prohibits discrimination on the basis of...handicap...
f. The Americans
with Disabilities Act of 1990, PL 101-336, which prohibits discrimination
on the basis of disability and requires reasonable accommodation for persons
with disabilities.
g. All regulations,
guidelines, and standards as are now or may be lawfully adopted under the
above statutes..." Florida Mental Health Contract, page 2.
"4.44 Non-Discrimination
The contractor shall not
discriminate against any person for reasons of...handicap...
The contractor shall agree to complete the Civil Rights Compliance Questionnaire (HRS Forms 946 A and B) and the Civil Rights Certificate (HRS Form 707), prior to execution of the contract (Attachment 36)." Florida Mental Health Contract, page 72.
GA
"SECTION 6
TECHNICAL PROPOSAL...
6.010 Transmittal Letter
The transmittal letter must
be on an official business letterhead and will be signed by an individual
authorized to legally bind the contractor. The transmittal
letter must include the following attachments: ...
- A statement of compliance
with the Equal Employment Opportunity Act that the contractor does not
discriminate in its employment practices with regard
to... handicap...
- A statement of compliance
with the Americans with Disabilities Act that the contractor does not discriminateagainst
a qualified individual with a disability because of their disability in
regard to any term, condition or privilege of employment"
Georgia RFP, pages 14-15.
HI
"60.800 Discrimination
The offeror shall comply
with all applicable federal and state laws prohibiting discrimination against
any person on the grounds...mental or physical handicap." Hawaii RFP, page
79.
"4. Nondiscrimination. No person performing work under this Agreement, including any subcontractor, employee, or agent of the CONTRACTOR, shall engage in any discrimination that is prohibited by any applicable federal, state, or county law." Hawaii RFP, Attachment 1, page 2.
HIBH
"60.800 Discrimination
The offerer shall comply
with all applicable federal and state laws prohibiting discrimination against
any person on the grounds of.mental or physical handicap, in employment
or any condition of employment with the offered or in participation in
the benefits of the services provided by the offerer under this contract."
Hawaii Behavioral Health RFP, page 69.
IL
"(b) Nondiscrimination
(1) Contractor shall
abide by the Federal Civil Rights Act of 1964 (as amended), the Americans
with Disabilities Act of 1990, the Federal Rehabilitation Act of 1973,
the Illinois Human Rights Act, and all other federal and State laws, regulations
or orders (including Executive Orders 11246 and 11375, `Equal Employment
Opportunity') which prohibit discrimination because of...physical or mental
disability and Contractor further agrees to ensure that no unlawful discrimination
is committed in any manner including, whether directly or indirectly, but
not limited to, the delivery of services under this Contract and all subsequent
amendments." Illinois HMO Contract, page 64.
IN
"2.16 AMERICANS WITH DISABILITIES
ACT
Each proposal must state
that the offeror specifically agrees to comply with the provisions of the
Americans with Disabilities Act of 1990 (42 U.S.C.
12101 et. seq. and 47 U.S.C. 225)." Indiana RFP, page 2-8.
IABH
"14.0 EQUAL EMPLOYMENT PRACTICES
The Contractor shall comply
with the provision of Federal, State and local regulations to ensure that
no employee or applicant for employment is discriminated against because
of...physical disability...
The Contractor shall comply with 45 code of Federal Regulations Part 80 so that no person will be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination on the grounds of...physical or mental disability...For the purpose of this contract, discriminatory distinctions include, but are not limited to: denying a participant any service, benefit, or availability of a facility; or providing any service or benefit which is different in manner, income guidelines, place or time from that provided to other participants under this contract." Iowa Behavioral Health Contract page 8.
KS
"M. SERVICE ACCESSIBILITY
STANDARDS...
Nondiscrimination...
Comply with all the provisions
and applicable conditions of. The Americans with Disabilities Act of 1990
and the Civil Rights Act of 1991." Kansas General Service, pages 17-18.
KY
"6.4.1.3 Nondiscrimination
The Partnership agrees to
comply with each of the following requirements...
Comply with Title VI of
the Civil Rights Act of 1964.Section 504 of the Rehabilitation Act of 1973.The
Americans with disabilities Act of 1990.Executive Order No. 11246 of September
24, 1965, and all amendments to each, and all requirements imposed by the
regulations issued pursuant to these acts. These provide, in part, that
no persons in the United States shall, on the grounds of...disability...be
excluded from participation in, or denied, any aid, care, service or other
benefits provided by Federal and/or State funding, or otherwise be subjected
to discrimination." Kentucky RFA, page 17.
"Eligible Recipients shall be enrolled as Members without regard to... disability." Kentucky RFA, page 80.
ME
"E. EQUAL EMPLOYMENT OPPORTUNITY
During the performance of
this Contract, the Contractor agrees as follows:
1. The Contractor will not
discriminate against any employee or applicant for employment relating
to this Contract because of ...physical handicap,
unless related to a bonafide occupational qualification. Such non-discrimination
shall include but not be limited to the following: employment, upgrading,
demotions, or transfers; recruitment or recruitment advertising; layoffs
or terminations; rates of pay or other forms of compensation; and selection
for training including apprenticeship...
2. The Contractor will, in all solicitations or advertising for employees placed by or on behalf of the Contractor relating to this Contract, state that all qualified applicants will receive consideration for employment without regard to...physical handicap." Maine Contract, page 61.
"XV. NON-DISCRIMINATION.
The Contractor shall not,
on the grounds of .the presence of any sensory, mental or physical disability
or handicap... or on the basis of any other condition or category that
is or may become a prohibited classification or consideration:
A. Deny any individual any
services or other benefits;
B. Provide any services,
or other benefits to an individual that are different, or are provided
in a different manner from those provided to others;
C. Subject an individual
to unlawful segregation, separate treatment in any manner related to the
receipt of any services or other benefits; or
D. Deny any individual an
opportunity to participate in any program through the provision of services
or otherwise, or afford an opportunity to do so that is different from
that afforded others." Maine Contract, page 63.
MD
"THE MCO AGREES: .
I. Not to discriminate against
a recipient on the basis of the recipient's . physical or mental handicap...
J. To comply with the standards
in the Americans with Disabilities Act, 42 U.S.C. §12101 et seq. (COMAR10.09.65.02.H(1))."
Maryland Contract, pages 1-2.
"10.09.64.07...
.07 Access and Capacity:
Contracts and Provider Applications.
An MCO applicant shall include
in its application the following information or descriptions: ...
C. Documentary assurances
that the applicant and its health care providers furnish access on a nondiscriminatorybasis,
in accordance with State and federal law, to all of their enrollees regardless
of ... physical or mental disability..." Maryland COMAR 10.09.64.07.
"10.09.65.02...
H. An MCO:
(1) Shall comply with the
standards in P.L. 101-330, Americans with Disabilities Act of 1990, 42
U.S.C. §12101 et seq.;
(2) May not discriminate
against an enrollee on any basis, including but not limited to, physical
or mental handicap..." Maryland COMAR 10.09.65.02.
"10.09.65.16...
C. MCO-Prohibitions. An
MCO may not:
(1) Discriminate against
any historic provider on the basis of... a protected category under the
Americans with Disabilities Act." Maryland COMAR 10.09.65.16.
MA
"Section 2.3 Enrollment Activities...
B. Enrollment...
2. The Contractor shall:
...
c. Accept for enrollment
in the Contractor's Plan, all Members identified by the Division at any
time... without regard to... physical... disability..."
Massachusetts Contract, pages 25-26.
MABH
"18. Non-Discrimination in
Employment and Affirmative Action. The Contractor shall not discriminate
against any qualified employee or applicant for employment because of...Physical
or mental handicap. The Contractor agrees to comply
with all applicable Federal and State statues, rules and regulations prohibiting
discrimination in employment including but not limited to: ...
Section 504 of the Rehabilitation
Act of 1973." Massachusetts MH/SAP Contract, page 4.
MI
"II-M CONTRACTOR ORGANIZATIONAL
STRUCTURE, ADMINISTRATIVE SERVICES, FINANCIAL REQUIREMENTS AND PROVIDER
NETWORKS...
6. Provider Network in the
CHCP...
(b) Mainstreaming...
The Contractor must have
guidelines and a process in place to endure that Enrollees are provided
covered Services without regard to. physical. handicap."
Michigan Contract, pages 32, 35, 37.
MN
"Section 3.1.2. Enrollment.
A. Nondiscrimination. The
HEALTH PLAN will accept all eligible Recipients who select or are assigned
to the HEALTH PLAN without regard to physical or mental
condition." Minnesota Contract, page 20.
"Article 11. Prohibition Against Discrimination. In the performance of obligations under this Contract, the HEALTH PLAN agrees to comply with provisions of: . Age Discrimination Act of 1975 and pertinent regulations at 45 C.F.R. 91. and any other laws, regulations, or orders that prohibit discrimination on grounds of. physical disability..." Minnesota Contract, page 92.
"Article 18. Americans with Disabilities Act Compliance. In fulfilling the duties and responsibilities of this Contract, the HEALTH PLAN shall comply with P.L. 101-336, Americans With Disabilities Act of 1990. regulations promulgated pursuant to it. The HEALTH PLAN also shall comply with 28 C.F.R. 35.130(d), which requires the administration of services, programs, and activities in the most integrated setting appropriate to the needs of qualified individuals with disabilities." Minnesota Contract, page 97.
MO
"a. Non-Discrimination in Provision of Services: the health plan shall ensure that all federal and State laws and policies of non-discrimination in provision of services are strictly enforced... as amended; the Rehabilitation Act of 1973...the American Disabilities Act of 1990, as amended." Missouri RFP, page 21.
"n. To ensure mainstreaming
of program members, the health plan shall take affirmative action so that
members are provided covered services without regard
to.physical or mental handicap, except where medically indicated.
Examples of prohibited practices include, but are not limited to, the following:
...
4) The assignment of times
or places for the provision of services on the basis of.or physical or
mental handicap of the participants to be served." Missouri RFP, page 28.
MT
"SECTION 18 CIVIL RIGHTS
A. The CONTRACOR shall comply
with.the American with Disabilities Act of 1990 (42 u.s.c. 12101, et seq.)
and section 504 of the Rehabilitation Act of 1973
(29 u.s.c. 794).
B. Discrimination
Persons may not, on the
grounds of.disability excluded from employment in, denied participation
in, denied benefits or be otherwise subjected to discrimination
under any program or activity connected with the implementation of this
contract. The CONTRACTOR shall use hiring processes that foster the employment
and advancement of qualified persons with disabilities." Montana Contract,
page 14.
NE
"8.3 Compliance With Civil Rights Laws and Equal Opportunity Employment: The plan shall assure the Department that it shall comply with the Nebraska Fair Employment Practice Act and Title VI of the Civil Rights Act of 1964, as amended so that no person shall, on the grounds of...physical handicap...be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under the contract, program or activity supported by the contract.
The Federal Rehabilitation Act of 1973, as amended, the Americans With Disabilities Act of 1990 (P.L. 101-336), as amended, Section 5043 of the Rehabilitation Act of 1973, as amended...are incorporated herein." Nebraska Contract, page 17.
"13.7 PCP Qualifications and Responsibilities: Under the contractual responsibilities of the plan, the plan shall ensure that the PCP: ...
(6) Not refuse an assignment or disenroll a client or otherwise discriminate against a client solely on the basis of... physical or mental handicap." Nebraska Contract, page 80.
"13.26 Discrimination: The plan shall not refuse an enrollment or disenroll a client or otherwise discriminate against a client solely on the basis of...physical or mental handicap." Nebraska Contract, page 86.
"17.2.3 Discrimination: The plan shall ensure that no person is subjected to discrimination in any HHS program or activity based on his/her...handicap..." Nebraska Contract, page 140.
NEBH
"8.3 Compliance With Civil
Rights Laws and Equal Opportunity Employment:
The PHP shall assure the
Department that it will comply with the Nebraska Fair Employment Practice
Act and Title VI of the Civil Rights Act of 1964 as
amended so that no person shall, on the grounds of...physical handicap...be
excluded from participation in, be denied the benefits of, or be otherwise
subjected to discrimination under this contract, program or activity supported
by this contract." Nebraska Behavioral Health Contract, page 17.
"11.11.3 MH/SA Provider Qualifications
and Responsibilities: Pursuant to the PHP's contractual responsibilities,
the PHP shall ensure that the MH/SA provider complies with the following:
...
(b) Signing a contract with
the PHP as a MH/SA provider which explains the provider's responsibilities
and compliance with the following NHC requirements: ...
(6) Not refusing an enrollment
or otherwise discriminate against a client solely on the basis of.physical
or mental handicap." Nebraska Behavioral Health Contract, pages 54-55.
"11.29 Discrimination: The PHP shall not refuse an enrollment or otherwise discriminate against a client solely on the basis of.physical or mental handicap..." Nebraska Behavioral Health Contract, page 59.
"15.2.3 Discrimination: The PHP shall ensure that no person may be subjected to discrimination in any HHS program or activity based on his/her.handicap." Nebraska Behavioral Health Contract, page 104.
NV
"II. Medicaid Participants
A. Contractor Enrollment
Procedures. The Contractor cannot deny the enrollment of any Nevada Check
Up eligible who selects it based on the member's... disability, handicap."
Nevada Amendment, #1 pages 4-5.
NH
"Article II
Functions and Duties of
Contractor
In consideration of the
Agreement of the State contained in Article III, Contractor agrees: ...
2.7 EQUAL OPPORTUNITY: CIVIL RIGHTS COMPLIANCE---During the term of this Agreement, Contractor shall not discriminate against employees or applicants for employment because of ...handicap...
2.7.1 In furtherance of that
non-discrimination Contractor shall:
(a) Take affirmative action
to ensure that applicants are employed, and that employees are treated
during employment... without regard to their...handicap...
Such action shall be taken in conjunction with any of Contractor's acts
in the capacity of an employer including, but not limited to, employment
of individuals, upgrading,demotions, transfers, recruitment, recruitment
advertising, layoffs, terminations, changes in rates of pay or other
forms of compensation, selection for training, including
apprenticeship... and participation in recreational and educational
activities...
(c) State, in all solicitations or advertisements for employees, that all qualified applicants will receive consideration for employment without regard to...handicap...
2.7.2 Without limiting the
generality of any other provision of this Agreement, if this Agreement
is funded in any part by monies of the United States, Contractor shall:
...
(c) Refrain, during the
term of this Agreement, from discriminating among participants under this
Agreement on the basis of .handicap. For the purpose
of this Agreement, distinctions on the grounds of ...handicap... include,
but are not limited to, the following:
denying a participant any
service or benefit or availability of a facility; providing any service
or benefit to a participant which is different, or is provided in a different
manner or at a different time from that provided to other participants
under this Agreement;
subjecting a participant to segregation or separate treatment in any matter related to his receipt of any service;
restricting a participant in any way in the enjoyment of any advantage or privilege enjoyed by others receiving any service or benefit;
treating a participant differently from others in determining whether he satisfies any admission, enrollment limits, eligibility, membership, or other requirement or condition which individuals must meet in order to be provided any service or benefit;
the assignment of times or places for the provision of services on the basis of...handicap... of the participants to be served." New Hampshire General Service Agreement, pages 7-9.
NJ
"ARTICLE 7
ENROLLMENT...
7.17 Enrollment of individuals
shall be without regard to...disability..." New Jersey Contract, pages
40-42.
"ARTICLE 14
EQUALITY OF ACCESS AND TREATMENT/DUE
PROCESS...
14.3 The contractor shall
comply with all requirements of the Americans with Disabilities Act." New
Jersey Contract, page 75.
"ARTICLE 20
PROVIDER CONTRACTS...
20.7 All provider contracts
must obligate the provider to comply with the following items...
C. Reference to compliance
with the American with Disabilities Act requirements." New Jersey Contract,
pages 110-113.
"ARTICLE 36
NON-DISCRIMINATION...
36.2 The contractor shall
not discriminate against eligible persons or enrollees on the basis of
...disability...
36.5 The contractor shall comply with the requirements of the Americans with Disabilities Act (ADA). In providing health care benefits, the contractor shall not directly or through contractual, licensing, or other arrangements, discriminate against qualified disabled individuals covered by the provisions of the Americans with Disabilities ACT (ADA).
A. A 'qualified individual with a disability' is defined as an individual with a disability who, with or without reasonable modifications to rules, policies, or practices, the removal of architectural, communication, or transportation barriers, or the provision of auxiliary aids and services, meets the essential eligibility requirements for the receipt of services or the participation in programs or activities provided by a public entity (42 U.S.C. 12131)." New Jersey Contract, pages 145-146.
NM
"2.A.1 Member Services
2.A.1.a Policies and Procedures...
2.A.1.aiii The CONTRACTOR
shall maintain and comply with policies to insure that its providers and
their facilities are in compliance with the Americans with Disabilities
Act ('ADA')..." New Mexico Contract, page 3.
"ARTICLE 25 - EQUAL OPPORTUNITY
COMPLIANCE
CONTRACTOR agrees to abide
by all Federal and State laws, rules, regulations and executive orders
of the Governor of the State of New Mexico, and the
President of the United States pertaining to equal opportunity. In accordance
with all such laws, rules, and regulations, and executive orders the CONTRACTOR
agrees to ensure that no person in the United States shall, on the grounds
of. handicap, be excluded from employment with, participation in, be denied
the benefit or, or otherwise be subjected to discrimination under any program
or activity performed under this Agreement. If HSD finds that the CONTRACTOR
is not in compliance with this requirement at any time during the term
of this Agreement, HSD reserves the right to terminate this Agreement pursuant
to Article 9 or take such other steps it deems appropriate to correct said
deficiency." New Mexico Contract, page 96.
NY
"24. AMERICANS WITH DISABILITIES
ACT COMPLIANCE PLAN
Contractor must comply with
the Americans with Disabilities Act (ADA) and Section 504 of the Rehabilitation
Act of 1973 for program accessibility, and must develop
an ADA Compliance Plan consistent with the guidelines in Appendix
J of this Agreement. Said plan must be approved by the SDOH
and/or the LDSS, and filed with the Contractor, SDOH and
the LDSS." New York Contract, page 1.
"6. ENROLLMENT...
6.2 Equality of Access to
Enrollment
Eligible Person's shall
be enrolled in the Contractor's plan, in accordance with the requirements
set forth in Appendix H, Section A. In those instances in which the Contractor
is directly involved in enrolling eligible recipients, the Contractor shall
accept enrollments in the order they are received without regard to the
Eligible Person's physical... handicap/developmental disability." New York
Contract, page 6-1.
"34. NON-DISCRIMINATION...
34.2 Non-Discrimination
The Contractor shall not
discriminate against Eligible Persons or Enrollees on the basis of...physical...
handicap/developmental disability...
35. COMPLIANCE WITH APPLICABLE
LAWS
35.1 Contractor and LDSS
Compliance With Applicable Laws
The Contractor and LDSS
shall comply with all applicable requirements of... Section 504 of the
Rehabilitation Act of 1973 and 45 C.F.R. Part 84,
as amended... and the Americans with Disabilities Act." New York Contract,
page 8.
"10. BENEFIT PACKAGE, COVERED
AND NON-COVERED SERVICES...
10.20 Adults with Chronic
Illnesses and Physical or Developmental Disabilities
The Contractor will implement all of the following to meet the needs of their adult Enrollees with chronic illnesses and physical or developmental disabilities:
a) Satisfactory methods for ensuring that the Contractor and it Participating Providers are in compliance with the Americans with Disabilities Act ('ADA') and with the SDOH Guidelines for Medicaid MCO Compliance with the ADA which are set forth in Appendix J, which is hereby made a part of this Agreement as if set forth fully herein, and in accordance with Section 24 of this Agreement." New York Contract, pages 10-1-10-12.
"APPENDIX D...
C. Marketing Activities...
3. Restricted Marketing
Activities...
d) The MCO may not discriminate
on the basis of disability or perceived disability of an Enrollee or their
family member." New York Contract, Appendix D, pages D-1-D-9.
"APPENDIX J
GUIDELINES FOR MEDICAID MCO
COMPLIANCE
WITH THE AMERICANS WITH
DISABILITIES ACT (ADA)
I. Objectives
Title II of the Americans
With Disabilities Act (ADA) and Section 504 of the Rehabilitation Act of
1973 (Section 504) provides that no qualified individual with a disability
shall, by reason of such disability, be excluded from participation in
or denied access to the benefits of services, programs or activities of
a public entity, or be subject to discrimination by such an entity... Since
Medicaid is a government program, health services provided through Medicaid
Managed Care must be accessible to all who qualify for the program.
MCO responsibilities for compliance with the ADA are imposed under Title II and Section 504 when, as a contractor in a Medicaid program, a plan is providing a government service. If an individual provider under contract with the MCO is not accessible, it is the responsibility of the MCO to make arrangements to assure that alternative services are provided...
MCO responsibilities for compliance with the ADA are also imposed under Title III when the MCO functions as a public accommodation providing services to individuals (e.g. program areas and sites such as marketing, education, member services, orientation, complaints and appeals)... Whenever MCOs engage in new construction or renovation, compliance is also required with accessible design and construction standards promulgated pursuant to the ADA as well as State and local laws...
Pursuant to the state's responsibility to assure program access to all recipients, the Plan Qualification Standards require each MCO to submit an ADA Compliance Plan that describes in detail how the MCO will make services, programs and activities readily accessible and useable by individuals with disabilities." New York Contract, Appendix J, pages J-2-J-3
OH
"A. MCP Responsibilities...
5. The MCP must accept,
within its provider panel capacity, any recipient who applies for enrollment.
The MCP may not deny an eligible recipient enrollment
or discriminate against a recipient solely on the basis of... disability..."
Ohio RFP, page 8.
"5101:3-26-02 Managed care
plan: Eligibility, enrollment and automatic enrollment...
(B) Enrollment.
(1) The following applies
to enrollment in MCPs.
(a) Enrollment must occur
without regard to an eligible individual's... disability." Ohio RFP, Appendix
E, OAC 5101:3-26-02, page 1.
"5101:3-26-08 MANAGED CARE
PLAN: Marketing...
(4) IF SPECIFIED BY ODHS,
THE MCP must develop and submit to ODHS for prior-approval a marketing
representative training program. This training program must include, at
a minimum;
(a) A training curriculum
that includes at a minimum: ...
(xi) Guidelines to include
that the marketing representatives may not discriminate in the enrollment
of eligible individuals on the basis of... disability..."
Ohio RFP, Appendix E, OAC 5101:3-26-08, pages 1-4.
OK
"2.4.7 Non-Discrimination
Requirements
Health Plan may not refuse
an assignment or seek to disenroll a member or otherwise discriminate against
a member on the basis of...physical or mental disability."
Oklahoma RFP, page 18.
"2.9.2 Services for Adults
Categorized as Aged, Blind, or Disabled
The Health Plan must: ...
2.4.7 - Non Discrimination
The Health Plan or subcontractor
may not refuse an assignment or seek to disenroll a member or otherwise
discriminate against a member on the basis of...physical or mental disability..."
Oklahoma RFP, page 212.
ORMH
"IV. Enrollment and Disenrollment
A. Enrollment...
Contractor shall not discriminate
in coverage or Enrollment against any eligible individual on the basis
of...other Disabling Conditions." Oregon Mental Health Contract, page 4.
PA
"D. MEMBER ENROLLMENT AND
DISENROLLMENT.
3. HMO Enrollment Procedures...
The HMO must agree to enroll
any eligible program recipient who selects the HMO or is assigned to the
HMO regardless of the recipient's...physical or mental handicap." Pennsylvania
RFP, pages 20-25.
RI
"3.06.01 Employment Practices...
Contractor shall not discriminate
against any employee or applicant for employment because of... handicap..."
Rhode Island RFP, pages 65-66.
SC
"13.1 Applicable Laws and
Regulations
The Contractor agrees to
comply with all applicable federal and state laws and regulations including
Constitutional provisions regarding due process and
equal protection under the laws and including but not limited to: ...
13.1.6 Section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. 794, which prohibits discrimination on the basis of handicap in programs and activities receiving or benefiting from federal financial assistance, and regulations issued pursuant thereto, 45 CFR Part 84...
13.1.9 Americans with Disabilities Act, 42 U.S.C. 12101 et sees., and regulations issued pursuant thereto, 28 CFR Parts 35, 36." South Carolina Contract, pages 62-63.
"13.28 Non-Discrimination
The Contractor agrees that
no person, on the grounds of handicap...shall be excluded from participation
in, or be denied benefits of, or be otherwise subjected to discrimination
in the performance of this Contract or in the employment practices of the
Contractor...This provision shall be included in all subcontracts.
13.31 Employment of Personnel
In all hiring or employment
made possible by or resulting from this Contract, the Contractor agrees
that (1) there shall be no discrimination against
any employee or applicant for employment because of handicap...All solicitations
or advertisements for employees shall state that all qualified
applicants will receive consideration for employment without regard to...
handicap... All inquiries made to the Contractor concerning employment
shall be answered without regard to handicap..." South Carolina Contract,
pages 77-79.
TN
"SECTION 4 - TERMS AND CONDITIONS
4-1. Applicable Laws and
Regulations
The CONTRACTOR agrees to
comply with all applicable federal and state laws and regulations including
Constitutional provisions regarding due process and equal protection of
the laws and including but not limited to: ...
g. Section 504 of the Rehabilitation
Act of 1973, as amended, 29 U.S.C. 794, which prohibits discrimination
on the basis of handicap in programs and activities receiving or benefiting
from federal financial assistance, and regulations issued pursuant thereto,
45 C.F.R. Part 84.
j. Americans with Disabilities
Act, 42 U.S.C. Section 12101 et seq., and regulations issued pursuant thereto,
28 C.F.R. Parts 35, 36." Tennessee Contract, pages 73-74.
"4-20. Non-Discrimination
No person on the grounds
of handicap...shall be excluded from participation in, except as specified
in Section 2 of this Agreement, or be denied benefits of, or be otherwise
subjected to discrimination in the performance of this Agreement or in
the employment practices of the CONTRACTOR." Tennessee Contract, page 85.
TX
"5.5 NON-DISCRIMINATION
HMO agrees to comply with
and to include in all subcontracts a provision that the subcontractor will
comply with each of the following requirements:
5.5.1... Section 504 of
the Rehabilitation Act of 1973, the Americans with Disabilities Act of
1990, and all requirements imposed by the regulations implementing these
acts and all amendments to the laws and regulations. The regulations provide
in part that no person in the United States shall on the grounds of disability...be
excluded from participation in, or denied, any aid, care, service or other
benefits, or be subjected to any discrimination under any program or activity
receiving federal funds." Texas Contract, page 30.
"6.16 BLIND AND DISABLED
MEMBERS...
6.16.2 HMO must perform
the same administrative services and functions as are performed for mandatory
Members under this contract." Texas Contract, page 53.
"9.3 PROHIBITED MARKETING
PRACTICES
9.3.1 HMO and its agents,
subcontractors and providers are prohibited from engaging in the following
marketing practices: ...
9.3.1.5 discriminating against
an eligible Member because of race...physical or mental handicap." Texas
Contract, page 88.
UT
"4. No Health Screening
The DEPARTMENT and the CONTRACTOR
agree that no potential Enrollee will be pre-screened or selected by eitherparty
for enrollment on the basis of ... disability." Utah Contract, Attachment
B, page 4.
"C. Marketing and Member
Education...
2. Enrollee Materials Must
be Comprehensible...
Marketing materials must
include a statement that the CONTRACTOR does not discriminate against any
Enrollee on the basis of ...disability ..." Utah Contract,
Attachment B, pages 7-8.
UTMH
"4. Non-discrimination- The
CONTRACTOR shall designate a nondiscrimination coordinator who will
(1) ensure theCONTRACTOR
complies with Federal laws and regulations regarding nondiscrimination,
and
(2) take complaints andgrievances
from Enrollees alleging nondiscrimination violations based on.disability.The
CONTRACTOR will develop a Methods of Administration
Plan as a means of assuring that their programs, activities, services and
benefits are equally available to all persons without
regard to...disability...
5. Medicaid Enrollee Information...
b. Before implementation
of the Contract, the CONTRACTOR will produce an informational brochure.The
brochure must also include a statement that the Contractor
does not discriminate against any Enrollee on the basis of ... disability...in
admission, treatment, or participation in its programs, services and activities."
Utah Mental Health Contract, page 10.
VA
"D. ELIGIBILITY AND ENROLLMENT
In conducting any enrollment-related
activities permitted by this Contract or otherwise approved by the Department,the
Contractor shall assure that recipient enrollment is voluntary and without
regard to... physical or mental condition or handicap."
Virginia Contract, page 21.
"Y. NON-DISCRIMINATION
The Contractor shall comply
with all applicable Federal and State laws relating to non-discrimination
and equal employment opportunity and assure physical
and program accessibility of all services to persons with physical and
sensory disabilities pursuant to § 504 of the Federal
Rehabilitation Act of 1973, as amended (29 U.S.C. 794), and with
all
requirements imposed by... the Americans with Disabilities Act. In connection
with the performance of work under this Contract,
the Contractor agrees not to discriminate against any employee or applicant
for employment because of... handicap...developmental
disability." Virginia Contract, pages 87-88.
WV
"II-3 SPECIFICATION OF RIGHTS...
MCOs must have policies
and procedures to protect and promote these right, as follows...
Enrollee privacy
The MCO must implement procedures
to ensure the confidentiality of health and medical records and of other
information about enrollees, and ensure that enrollees are not discriminated
against in the delivery of health care services consistent with the benefits
covered in their policy based on. mental or physical disability." West
Virginia Contract, Exhibit F, page 7.
"3.8 Mainstreaming
The State considers mainstreaming
of Medicaid beneficiaries into the broader health delivery system to be
important. The MCP must accept responsibility for ensuring that network
providers do not intentionally segregate Medicaid enrollees in any way
from other persons receiving services. Examples of prohibited practices
include, but are not limited to, the following:
d) Assigning times or places
for the provision of services on the basis of the...or physical or mental
disability of the participants to be served." West
Virginia RFA, pages 25-26.
WI
"P. NON-DISCRIMINATION -
Comply with all applicable Federal and State laws relating to non-discrimination
and equal employment opportunity including. the provisions of Federal Executive
Order 11246 dated September 26, 1985, and assure physical
and program accessibility of all services to persons with physical and
sensory disabilities pursuant to Section 504 of the Federal Rehabilitation
Act of 1973, as amended (29 U.S.C. 794). Chapter 16.765 requires that in
connection with the performance of work under this Contract, the Contractor
agrees not to discriminate against any employee or applicant for employment
because of. handicap. developmental disability...as defined in s. 51.01(5)...This
provision shall include, but not be limited to, the following: employment,
upgrading, demotion or transfer; recruitment or recruitment advertising;
layoff or termination; rates of pay or other forms of compensation; and
selection for training, including apprenticeship." Wisconsin Contract,
page 16.