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Health Care in a Context of Civil Rights (1981)

Chapter: APPENDIX B: Relevant Portions of the Title VI Regulations

« Previous: APPENDIX A: Racial Patterns Within Medicare and Medicaid
Suggested Citation:"APPENDIX B: Relevant Portions of the Title VI Regulations." Institute of Medicine. 1981. Health Care in a Context of Civil Rights. Washington, DC: The National Academies Press. doi: 10.17226/18680.
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Page 166
Suggested Citation:"APPENDIX B: Relevant Portions of the Title VI Regulations." Institute of Medicine. 1981. Health Care in a Context of Civil Rights. Washington, DC: The National Academies Press. doi: 10.17226/18680.
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Page 167

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APPENDIX B RELEVANT PORTIONS OF THE TITLE VI REGULATIONS 9 80.3 Discrimination prohibited. (a) General. No person in the United States shall, on the ground of race, color, or national origin be excluded from par- ticipation in. be denied the benefit* of. or be otherwise subjected to (Hflcrimlna- tlon under any program to which this part applies. (b) Specific discriminatory action* prohibited. (DA recipient under any program to which this part applies may not, directly or through contractual or other arrangements, on ground of race, color, or national origin: (1) Deny an individual any service, financial aid, or other benefit provided under the program; (li) Provide any service, financial aid, or other benefit to an individual which is different, or is provided in a different manner, from that provided to others under the program; (lii) Subject an individual to segre- gation or separate treatment in any mat- ter related to his receipt of any service, financial aid, or other benefit under the program; (lv) Restrict an individual in any way in the enjoyment of any advantage or privilege enjoyed by others receiving any service, financial aid, or other benefit under the program; (v) Treat an individual differently from others in determining whether he satisfies any admission, enrollment, quota, eligibility, membership or other requirement or condition which indi- viduals must meet in order to be pro- vided any service, financial aid, or other benefit provided under the program; (vt) Deny an individual an opportunity to participate in the program through the provision of services or otherwise or afford htm an opportunity to do so which is different from that afforded others under the program (including the op- portunity to participate in the program as an employee but only to the extent set forth in paragraph (e) of this sec- tion). (vll) Deny a person the opportunity to participate as a member of a planning or advisory body which is an integral part of the program. (2) A recipient. in determining the types of services, financial aid, or other benefits, or facilities which will be pro- vided under any such program, or the class of individuals to whom, or the situ- ations in which, such services, financial aid, other benefits, or faculties will be provided under any such program, or the class of individuals to be afforded an op- portunity to participate in any such pro- gram, may not. directly or through con- tractual or other arrangements, utilize criteria or methods of administration which have the effect of subjecting indi- viduals to discrimination because of their race, color, or national origin, or have the effect of defeating or substantially impairing accomplishment of the objec- tives of the program as respect indi- viduals of a particular race, color, or national origin. (3) In determining the site or loca- tion of a facilities, an applicant or re- cipient may not make selections with the effect of excluding individuals from, denying them the benefits of, or sub- jecting them to discrimination under any programs to which this regulation applies, on the ground of race, color, or national origin; or with the purpose or effect of defeating or substantially im- pairing the accomplishment of the ob- jectives of the Act or this regulation. (4) As used in this section, the serv- ices, financial aid, or other benefits pro- vided under a program receiving Federal financial assistance shall be deemed to include any service, financial aid, or other benefits provided in or through a facility provided with the aid of Federal financial assistance. (5) The enumeration of specific forms of prohibited discrimination in this paragraph and paragraph (c) of this section does not limit the generality of the prohibition in paragraph (a) of this section. (6X1) In administering a .program regarding which the recipient has previ- ously discriminated against persons on the ground of race, color, or national origin, the recipient must take a*, j-ma- tlve action to overcome the effects of prior discrimination. (11) Even in the absence of such prior discrimination, a recipient in adminis- tering a program may take affirmative action to overcome the effects of condi- tions which resulted in limiting partici- pation by persons of a particular race, color, or national origin. (c) Employment practices. (1) Where a primary objective of the Federal finan- cial assistance to a program to which this regulation applies is to provide em- ployment, a recipient may not (directly or through contractual or other arrange- ments) subject an individual to discrim- ination on the ground of race, color, or 166

167 national origin in its employment prac- tices under such program (including re- cruitment or recruitment advertising, employment, layoff or termination, up- grading, demotion, or transfer, rates of pay or other forms of compensation, and use of facilities). including programs where a primary objective of the Federal financial assistance is (1) to reduce the employment of such individuals or to help them through employment to meet subsistence needs, (11) to assist such in- dividuals through employment to meet expenses incident to the commencement or continuation of their education or training, (ll1) to provide work experience which contributes to the education or training of such individuals, or (iv) to provide remunerative activity to such in- dividuals who because of handicaps can- not be readily absorbed in the competi- tive labor market. The following, under existing laws, have one of the above ob- jectives as a primary objective: (a) Projects under the Public Works Acceleration Act, Public Law 87-658, 42 U.S.C. 2641-2643. (b) Work-study under the Vocational Education Act of 1963, as amended, 20 UJ3.C. 1371-1374. (c) Programs assisted under laws listed in Appendix A as respects em- ployment opportunities provided there- under, or in facilities provided there- under, which are limited, or for which preference is given, to students, fellows, or other persons in training for the same or related employments. (d) Assistance to rehabilitation facili- ties under the Vocational Rehabilitation Act, 29 U.8.C. 32-34, 41a and 41b. (2) The requirements applicable to construction employment under any such program shall be those specified in or pursuant to Part in of Executive Order 11246 or any Executive order which supersedes it. (3) Where a primary objective of the Federal financial assistance is not to provide employment, but discrimination on the ground of race, color, or national origin in the employment practices of the recipient or other persons subject to the regulation tends, on the ground of race, color, or national origin, to exclude' individuals from participation in, to deny them the benefits of, or to subject them to discrimination under any program to which this regulation applies, the fore- going provisions of this paragraph (c) shall apply to the employment practices of the recipient or other persons sub- ject to the regulation, to the extent necessary to assure equality of oppor- tunity to, and nondlscrlmlnatory treat- ment of, beneficiaries. (d) Indian Health and Cuban Refugee Services. An individual shall not be deemed subjected to discrimination by reason of his exclusion from the benefits of a program limited by Federal law to individuals of a particular race, color, or national origin different from his. (e) Medical emergencies. Notwith- standing the foregoing provisions of this section, a recipient of Federal financial assistance shall not be deemed to have failed to comply with paragraph (a) of this section if immediate provision of a service or other benefit to an individual is necessary to prevent his death or seri- ous impairment of his health, and such service or other benefit cannot be pro- vided except by or through a medical institution which refuses or falls to com- ply with paragraphs (a) of this section. (Sec. 601, 602. 604. Civil Rights Act of 1964; 78 Stat. 252, 253, 42 U.S.C. 20004. 2,000d-l. 2000d-3) [29 FR 16208, Dec. 4, 1964, M amended at 38 FR 17979, 17983, July 6. 1978]

Next: APPENDIX C: Guidelines for Compliance of Nursing Homes and Similar Facilities With Title VI of the Civil Rights Act of 1964 »
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