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...creed...religion...martital
status...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...creed,
religion...marital status...of
the participants to be served." Arizona Contract, page 20.
"24. NETWORK DEVELOPMENT.
Under the Balanced Budget
Act of 1997, the Contractor shall not discriminate with respect to participation
in the AHCCCS
program, reimbursement or indemnification against any provider based solely
on the provider's type of licensure or certification. This provision, however,
does not prohibit the Contractor from limiting provider participation to
the extent necessary to meet the needs of the Contractor's members." Arizona
Contract, page 33
"23. NON-DISCRIMINATION
The Contractor shall comply
with State Executive Order No., which mandates that all persons, regardless
of religion... political affiliation, shall have equal access to employment
opportunities and other applicable federal and state laws, rules and regulations.The
Contractor shall take positive action to ensure that applications for employment,
employees, and persons to whom it provides service are not discriminated
against due to...creed, religion..." Arizona Contract, page 60.
"18. NON-DISCRIMINATION REQUIREMENTS
If applicable, the Subcontractor
shall comply with: ...
c. Title VII of the
Civil Rights Act of 1964, as amended, which prohibits private employers
and state and local governments, and educational institutions from discriminating
against their employees and job applicants on the basis of...religion...
e. The Civil Rights
Act of 1991, which reverses in whole or in part, several recent Supreme
Court decisions interpreting Title VII...
g. State Executive
Order 75-5 and Federal Order 11246 which mandates that all persons, regardless
of...religion...or political affiliation...shall have equal access to employment
opportunities." Arizona Contract, page A4.
AZBH
"5. MEMBER HANDBOOK AND PROVIDER
MANUAL...
At a minimum the member
handbook shall include: ...
q. Member's right
to be treated fairly and with respect regardless of ...religion..." Arizona
Behavioral Health Contract, pages 12-13.
"SECTION E: CONTRACT CLAUSES...
2. COMPLIANCE WITH NON-DISCRIMINATION
LAWS
ADHS shall comply with Title
VII of the Civil Rights Act of 1964, as amended, the Age Discrimination
in Employment Act.
State Executive Order No. 75-5 and Federal Executive Order No. 11246 which
mandate that all persons regardless of religion... or political affiliation,
shall have equal access to employment opportunities. " Arizona Behavioral
Health Contract, page 39.
"ATTACHMENT A
MINIMUM ADHS CONTRACT (SUBCONTRACT)
PROVISIONS.
18. NON-DISCRIMINATION REQUIREMENTS
If applicable, the Contractor
shall comply with: ...
c. Title VII of the
Civil Rights Act of 1964, as amended, which prohibits private employers,
state and local governments, and educational institutions from discriminating
against their employees and job applicants on the basis of... religion...
g. State Executive
Order 75-5 and federal Order 11246 which mandates that all persons, regardless
of... religion...or political affiliation, shall have equal access to employment
opportunities." 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... religious creed...marital status, and denial
of family care leave. 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... creed,
religion... marital status... 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 ... creed, religion...
marital status... 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 Beneficiary differently 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 Covered Service;
the assignment of times or places for the provision of services on the basis of the...creed, religion... marital status... of the participants to be served. The Contractor will take affirmative action to ensure that Members are provided Covered Services without regard to... creed, religion... marital status... except where medically indicated...
3.11 DISCRIMINATION COMPLAINTS
The Contractor agrees that
copies of all Grievances alleging discrimination against Members or Eligible
Beneficiaries because of ... creed...religion... marital status...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... religion, creed..... marital status." California
Contract, page 31.
"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 ... creed...religion... marital status..." California Contract, page 133.
CO
"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:
-the Equal Pay Act of 1963;
and
-the Education Amendments
of 1972; and
-the Immigration Reform
and Control Act of 1986, P.L. 99-603; and...
-94-165 Energy Policy and
Conservation Act and all regulations applicable to these laws prohibiting
discrimination because
of ...religion... covered under Section 504 of the Rehabilitation Act of
1973, as amended, cited above." Colorado Contract, pages 27-28.
CT
"5.17 Civil Rights
Federal Authority
a. The MCO shall
comply with the Civil Rights Act of 1964 (42 U.S.C. §2000d, et seq.)...
Discrimination
a. Persons may not,
on the grounds of ...creed...religion, political ideas, marital status...be
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." Connecticut Contract,
page 71.
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... creed,
religion... marital status... program membership... of the participants
to be served.
Providers will not be permitted to close their panels to DHSSHP members alone. If their panel is closed, it must be closed to all members. Should a panel reopen, it will be required to admit patients on a first come first serve basis.
If the MCO knowingly executes a subcontract with a provider with the intent of allowing or permitting the subcontractor to implement barriers to care (i.e., the terms of the subcontract are more restrictive than this contract), the MCO will be in default of its contract. In addition, if the MCO becomes aware of any of its existing sub-contractors' failure to comply with this section and does not take action to correct this within thirty (30) calendar days, it will be in default of the contract. At the end of the 30 day period, the State will impose sanctions of $1,000 per business day until the sub contract is found to be in compliance. At the option of the State, this contract may be terminated." 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 ...religion...
marital status, personal appearance, family responsibilities...political
affiliation, or place of residence in the execution of any health care
or administrative duty under this contract." District of Columbia Contract,
page 36.
FLMH
"L. Civil Rights Requirements
Provider Assurance
The provider assures that
it will comply with: ...
e. Section 654 of
the Omnibus Budget Reconciliation Act of 1981, as amended, 42 USC §9849,
which prohibits discrimination
on the basis of...creed.....political affiliation or beliefs...
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...religious creed...
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 ...religion... marital status, political
affiliation." 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 of...religion..." Hawaii RFP, page 79.
HIBH
"60.800 Discrimination
The offeror shall comply
with all applicable federal and state laws prohibiting discrimination against
any person on the grounds of ...religion, creed... in employment or any
condition of employment with the offeror or in participation in the benefits
of the services provided by the offeror 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... Religion. 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.
IA
"4.15 Credentialing...
The HMO shall not discriminate
with respect to participation, reimbursement, or indemnification of any
Provider acting within the scope of that Provider's license or certification
under applicable state law solely on the basis of the Provider's license
or certification. This provision shall not be construed as an any willing
Provider requirement." Iowa Contract, pages 32-33.
"4.24 Compliance with the
Law...
The HMO shall comply with
all the provisions and applicable conditions of Title VII of the Civil
Rights ACT of 1964, as amended;
the Age Discrimination in Employment Act of 1967, as amended; Equal Pay Act of 1963;
the Rehabilitation Act of 1973, as amended;
the Americans with Disabilities Act of 1990;
the Civil Rights Act of 1991;
Section 542 of the Public Health Service Act (pertaining to nondiscrimination against substance abusers);
Title 45, part 46 of The Code of Federal regulations, pertaining to research involving human subjects;
Iowa Code Chapter 601A;
Iowa Executive Order Number Fifteen;
and the Iowa Executive Order Number 34. If applicable, the HMO must also comply with all provisions of Executive Order #11246 including amendments, as well as rules, regulations and relevant order of the Secretary of Labor." Iowa Contract, pages 38-39.
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...religion...
The Contractor must comply with all the provisions and applicable conditions of Title VII of the Civil Rights Act of 1964, as amended;
the Age Discrimination in Employment Act of 1967, as amended;
Equal Pay Act of 1963;
the Rehabilitation Act of 1973, as amended; the Americans with Disabilities Act of 1990;
the Civil Rights Act of 1991;
Iowa Code Chapter 216;
Iowa Executive Order Number Fifteen; and the Iowa Executive Order Number 34. If applicable, the Contractor also must comply with all provisions of executive Order #11246 including amendments, as well as rules, regulations and relevant orders of the Secretary of Labor.
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...religion, political affiliation.This includes persons testing positive for human immunodeficiency virus. 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.
"65.0 CLIENT ACCESS TO SUBSTANCE
ABUSE SERVICES
The Contractor shall require
that providers with whom it contracts shall provide equal access to treatment
regardless of...involvement in the legal system." Iowa Behavioral Health
Contract, page 42.
KS
"L. ANTIDISCRIMINATION OF PROVIDERS: Contract Section IX, Paragraph B., Subcontracts shall be amended by adding the following language:
MCO shall not discriminate against providers with respect to participation, reimbursement, or indemnification for any provider acting within the scope of that provider's license or certification under applicable State law solely on the basis of the provider's license or certification. (SSA 1932(b)(7), [BBA 4704(a)]." Kansas General Service, Amendment One.
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
...political beliefs or religion 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...marital status, political affiliation...type of health insurance." 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 ...religious creed...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...religious creed..." Maine Contract, page 61.
"XV. NON-DISCRIMINATION.
The Contractor shall not,
on the grounds of...religion.creed, marital status...Vietnam era or disabled
veteran status...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 discriminate against
a recipient on the basis of the recipient's ... creed... marital status."
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 nondiscriminatory
basis, in accordance with State and federal law, to all of their enrollees
regardless of ...religion..." Maryland COMAR 10.09.64.07.
"10.09.65.02...
H. An MCO:
(2) May not discriminate
against an enrollee on any basis, including but not limited to...creed
... marital status..." 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... religion..." 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...religion, creed..." 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...religion. The Contractor agrees to comply with all applicable Federal and State statues, rules and regulations prohibiting discrimination in employment including but not limited to: ... Massachusetts General Laws Chapter 151B, Section 4(1).and all relevant administrative orders and executive orders, including Executive Order 227 and Executive Order 246." 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 process in place to ensure that Enrollees are provided Covered
Services without regard to... creed... religion... marital status..." 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... religion..." Minnesota Contract, page 20.
"Section 9.2.17. The HEALTH PLAN shall not discriminate with respect to participation, reimbursement, or indemnification as to any provider who is acting within the scope of the provider's license or certification under applicable State law, solely on the basis of such license or certification." Minnesota Contract, page 87.
"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... religion..." Minnesota Contract, page 92.
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.Title IX of the Education Amendment of 1972." 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...creed...religion...martital status...
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 the creed,
religion...marital status... of the participants to be served." Missouri
RFP, page 28.
MT
"SECTION 18 CIVIL RIGHTS...
B. Discrimination
Persons may not, on the
grounds of...religion, political ideas, marital status... be 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...
C. Merit Qualifications
All hiring done in connection
with this contract must be on the basis of merit qualifications genuinely
related to competent performance of the particular occupational task. The
CONTRACTOR, in accordance with the Federal Executive Orders 11246 and 11375
and 41 CFR Part 60, must provide for equal employment opportunities in
its employment practices." Montana Contract, page 14.
"SECTION 35 ANTI-DISCRIMINATION
Per SSA 1932 (b) (7), Balanced
Budget Adjustment (BBA) Section 4704 (a):Contractor shall not discriminate
with respect to participation, reimbursement, or indemnification as to
any provider who is acting within the scope of the provider's license or
certification under applicable state law, solely on the basis of such license
or certification. This paragraph shall not be construed to prohibit the
CONTRACTOR from including providers only to the extent necessary to meet
the needs of the CONTRACTOR's ENROLLEES or from establishing any measure
designed to maintain quality and control costs consistent with the responsibilities
of the CONTRACTOR." Montana Contract, page 25.
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...creed...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...and the Nebraska Fair Employment Act, as amended are incorporated herein...
The plan will comply with the Nebraska Fair Employment Practice Act." Nebraska Contract, page 17.
"13.32 Provider Discrimination: The plan shall refrain from discrimination against providers based upon licensing." Nebraska Contract, page 87.
"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...religious creed, political beliefs." 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...creed...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.
"11.34 Provider Discrimination: The PHP shall refrain from discrimination against providers based upon licensing." Nebraska Behavioral Health Contract, page 60.
"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...religious creed, political beliefs." 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... religion... " 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 ...religion, creed...
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...religion, creed...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...religion, creed...
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 ...religion, creed... For the purpose of this Agreement, distinctions
on the grounds of ...religion, creed... 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...religion, creed...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...religion, creed..." New Jersey Contract, pages
40-42.
"ARTICLE 36
NON-DISCRIMINATION...
36.2 The contractor shall
not discriminate against eligible persons or enrollees on the basis of
...creed...marital status, religion...
36.3 In connection with the performance of services under this contract, the contractor agrees to comply with provisions of.the New Jersey Law Against Discrimination, and any other laws, regulations, or orders which prohibit discrimination on grounds or age, race, sex, color, religion, or national origin." New Jersey Contract, page 145.
NM
"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 religion, be excluded from employment
with, participation in, be denied the enefit 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
"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...creed...or to the Capitation Rate that the Contractor
will receive for such Eligible person..." 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...creed..."
New York Contract,
page 8.
ND
"2.21 Participating Providers...
The Contractor shall not
discriminate against providers with respect to participation, reimbursement,
or indemnification for any provider acting within the scope of that provider's
license or certification under applicable state law solely on the basis
of the provider's license or certification." North Dakota Contract, Attachment
C, page 22.
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...religion...veteran's status..." 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... religion... Vietnam-era
veteran's status..." Ohio RFP, Appendix E, 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... religion...
Vietnam-era veteran's status..." Ohio RFP, Appendix E, OAC 5101:3-26-08,
pages 1-4.
ORMH
"XXII. Non Discrimination
Contractor shall comply
Title VI of the Civil Rights Act of 1964, the Age Discrimination Act of
1973, Part V of the Rehabilitation
Act of 1973 as amended, The Americans with disabilities Act (ADA) of 1990,
and all amendments to those
Acts and all regulations promulgated thereunder. Contractor shall also
comply with all applicable requirements
of state civil rights and rehabilitation statutes and rules." Oregon Mental
Health Contract, page 49.
PA
"Family Planning Services.They are made available without regard to marital status...or parenthood..." Pennsylvania RFP, page ix.
"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...creed, religion...marital status...grievance
status..." Pennsylvania RFP, pages 20-25.
PABH
"7. Compliance with Federal
and State Laws...
The MCO must agree to comply
with Title VI and VII of the Civil Rights Act of 1964; Section 504 of the
Rehabilitation Act of 1973; The Age Discrimination Act of 1975; Title II
of the Americans with Disabilities Act; and the Pennsylvania Human Relations
Act of 1955; as amended." Pennsylvania Behavioral Health RFP, page 47.
"4. Provider Network/Relations
a. The MCO must provide
access to all covered services for members through a network of qualified
professionals and facilities. The MCO must not discriminate among classes
of behavioral health providers on grounds unrelated to effectiveness or
efficiency." Pennsylvania Behavioral Health RFP, page 61.
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:
13.1.1 Title 42 Code of Federal
Regulations (CFR) Chapter IV, Subchapter C (Medical Assistance Programs);
13.1.2 S.C. Code Ann. §38-33-10
et. sea. (Supp. 1996) and 25 S.C. Code Ann. Regs. 69-22 (Supp. 1996);
13.1.3 All applicable standards,
orders, or regulations issued pursuant to the Clean Air Act of 1970 as
amended (42 U.S.C. 7401, et seq.) and 20 USC §6082(2) of the Pro-Children
Act of 1994 (P.L. 103-227);
13.1.8 The Omnibus Budget
Reconciliation Act of 1981, P.E 97-35, which prohibits discrimination on
the basis of sex and religion in programs and activities receiving or benefiting
from federal financial assistance." South Carolina Contract, page 63.
"13.28 Non-Discrimination
The Contractor agrees that
no person, on the grounds of...religion...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...religion...and that (2) affirmative action
shall be taken to ensure that applicants are employed and that employees
are treated during employment without regard...religion..." South Carolina
Contract, pages 78-79.
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:
i. The
Omnibus Budget Reconciliation Act of 1981, P.E.. 97-35, which prohibits
discrimination on the basis of...religion in programs and activities receiving
or benefiting from federal financial assistance." Tennessee Contract, pages
73-74.
"4-20. Non-Discrimination
No person on the grounds
of...religion...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. The CONTRACTOR shall upon request
show proof of such non-discrimination, and shall post in conspicuous places,
available to all employees and applicants, notices of non-discrimination."
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 Title VI of the Civil Rights Act of 1964...The regulations provide in part that no person in the United States shall on the grounds of...political beliefs or religion 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...
5.5.4 HMO shall not discriminate with respect to participation, reimbursement, or indemnification as to any provider who is acting within the scope of the provider's license or certification under applicable State law, solely on the basis of such license or certification." Texas Contract, page 30.
"8.3 ADVANCE DIRECTIVES...
8.3.4 HMO cannot discriminate
against a Member based on whether or not the Member has executed or issued
an advance directive..."
Texas Contract, pages 79-80.
"8.6 MEMBER COMPLAINT PROCESS.
8.6.8 HMO is prohibited
from discriminating against a Member because that Member is making or has
made a complaint." Texas Contract, pages 81-82.
"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...creed...religion...marital status..." Texas
Contract, page 88.
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
and grievances
from Enrollees alleging nondiscrimination violations based on race, color,
national origin, disability, or age. The nondiscrimination coordinator
may also handle complaints regarding the violation of other civil rights
(sex and religion) as other Federal laws and regulations protect against
these forms of discrimination. 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 race, color, national origin, disability, or age.
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 race, color, national
origin, disability, or age in admission, treatment, or participation in
its programs, services and activities. In addition, the materials must
include the phone number of the nondiscrimination coordinator for Enrollees
to call if they have questions about the nondiscrimination policy or desire
to file a complaint or grievance alleging violations of the nondiscrimination
policy." Utah Mental Health Contract, page 10.
"C. Subcontracts...
5. The CONTRACTOR shall
not discriminate against subcontracting providers with respect to participation,
reimbursement, or indemnification as to any provider who is acting within
the scope of that provider's license or certification under applicable
State law solely on the basis of the provider's license or certification."
Utah Mental Health Contract, pages 12-13.
VA
"K. PROVIDER RELATION...
2. Anti-discrimination
Pursuant to Section 1932
(b)(7) of the SSA, the Contractor shall not discriminate with respect to
participation, reimbursement, or indemnification as to any provider who
is acting within the scope of the provider's license or certification under
applicable State law, solely on the basis of such license or certification."
Virginia Contract, page 68
"Y. NON-DISCRIMINATION.
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. religion."
Virginia Contract, pages 87-88.
WA
"4.17 Provider License Nondiscrimination: The Contractor shall not discriminate, with respect to participation, reimbursement, or indemnification, against providers practicing within their licensed scope of care solely on the basis of the type of license or certification they hold..." Washington Contract, page 19.
"6.20 Nondiscrimination: The Contractor shall comply with all federal and state nondiscrimination laws and regulations." Washington Contract, page 28.
WV
"3.6 Non-Discrimination
The Managed Care Plan shall
comply with all Federal and State laws relating to non-discrimination and
equal employment opportunity and with the Civil Rights Act of 1964 (78
Stat 252), regulations issued pursuant to that Act, and the provisions
of Executive Order 11246 dated September 26, 1965." West Virginia Contract,
page 10.
"3.19 Provider Credentialing...
The Managed Care Plan shall
not discriminate with respect to participation, reimbursement, or indemnification
as to any provider who is acting within the scope of the provider's license
or certification under applicable State law, solely on the basis of such
license or certification." West Virginia Contract, page 20.
"5.3 Nonsegregated Facilities
The Managed Care Plan certifies
that it does not and will not maintain or provide for its employees any
segregated facilities at any of its establishments; and that it does not
permit its employees to perform their services at any location, under its
control, where segregated facilities are maintained...
In addition, the Managed Care Plan must comply with the Federal Executive Order 11246 entitled 'Equal Employment Opportunity' as amended by Executive Order 11375 and as supplemented in the United States Department of Labor Regulations (41 CFR Part 30)." West Virginia Contract, page 33.
"5.12 Compliance With Applicable
Laws Rules And Policies...
The Managed Care Plan shall
also abide by all applicable Federal and State laws and regulations including
but not limited
to Equal Employment Opportunity, federal Rehabilitation Act, Civil Rights
Act and any other pertinent Federal, State or local laws, regulations,
or policies in the performance of this contract." West Virginia Contract,
page 36.
"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... religion... genetic information." West
Virginia Contract, Exhibit F, page 7.
"III-5 PROVIDER QUALIFICATION
AND SELECTION...
The formal selection and
retention criteria used by the MCO may not discriminate against health
care professionals who serve high-risk populations or who specialize in
the treatment of costly conditions." West Virginia Contract, Exhibit F,
pages 14-15.
"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...marital status...
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. 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... religion...
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.
"LL. ADVANCE DIRECTIVES -
HMO shall: ...
Not condition the provision
of care or otherwise discriminate against an individual based on whether
or not the individual has executed an advance directive. This provision
shall not be construed as requiring the provision of care which conflicts
with an advance directive." Wisconsin Contract, page 36.