CMS SOM App. U, Tag R176

The RNHCI must operate in compliance with all applicable Federal, State, and local

laws, regulations, and codes including, but not limited to, those pertaining to the

following:

(1) Protection against discrimination on the basis of race, color, national origin, age,

or handicap (45 CFR parts 80, 84, and 91).

Interpretive Guidelines: §403.738(a)(1)

The RNHCI must be in compliance with all federal, state and local laws. While RNHCIs

provide nonmedical services, the organization must comply with state and local

regulations and codes. Specifically, the RNHCI must comply with Title VI of the Civil

Rights Act of 1964, as amended (42 USC § 2000d), which prohibits discrimination on the

basis of race, color, national origin, handicap (45 CFR 80) or disability (45 CFR 84),

and the RNHCI must not discriminate against individuals on the basis of age (45 CFR

91).

Additionally, the RNHCI must also ensure that both the patient and patient’s

representative, and any visitors are free from discrimination, including its visitation

policies and procedures.

The RNHCI policies and procedures pertaining to the protection of discrimination must

also extend to staff working at the organization, including those services provided under

arrangement.

Survey Procedures:

• Review the RNHCI documentation of all personnel required.

• Ask the RNHCI to see documentation of anti-discrimination policies and

procedures.

• Verify that staff trained to provide patient care in accordance with the RNHCI

policies.