Wis. ForwardHealth Online Handbook, Hospice, Topic #219

Providers are required to comply with all federal laws relating to Title XIX of the Social Security Act and state laws pertinent to

ForwardHealth, including:

• Title VI and VII of the Civil Rights Act of 1964

• The Age Discrimination Act of 1975

• Section 504 of the Rehabilitation Act of 1973

• The ADA (Americans With Disabilities Act) of 1990

These laws require that all health care benefits under ForwardHealth be provided on a nondiscriminatory basis. No applicant or

member can be denied participation in ForwardHealth or be denied benefits or otherwise subjected to discrimination in any

manner under ForwardHealth on the basis of race, color, national origin or ancestry, sex, religion, age, disability, or association

with a person with a disability.

Any of the following actions may be considered discriminatory treatment when based on race, color, national origin, disability, or

association with a person with a disability:

• Denial of aid, care, services, or other benefits

• Segregation or separate treatment

• Restriction in any way of any advantage or privilege received by others (There are some program restrictions based on

eligibility classifications.)

• Treatment different from that given to others in the determination of eligibility

• Refusing to provide an oral language interpreter to persons who are considered LEP (limited English proficient) at no cost

to the LEP individual in order to provide meaningful access

• Not providing translation of vital documents to the LEP groups who represent 5% or 1,000, whichever is smaller, in the

provider's area of service delivery

Note: Limiting practice by age is not age discrimination and specializing in certain conditions is not disability discrimination. For

further information, see 45 C.F.R. Part 91.

Providers are required to be in compliance with the previously mentioned laws as they are currently in effect or amended.

Providers who employ 25 or more employees and receive $25,000 or more annually in Medicaid reimbursement are also

required to comply with the Wisconsin DHS (Department of Health Services) Affirmative Action and Civil Rights Compliance

Plan requirements. Providers that employ fewer than 25 employees and receive less than $25,000 annually in Medicaid

reimbursement are required to comply by submitting a Letter of Assurance and other appropriate forms.

Providers without internet access can get copies of the DHS Affirmative Action and Civil Rights Compliance Plan (including the

Letter of Assurance and other forms) and instructions by calling the Affirmative Action and Civil Rights Compliance Officer at

608-266-9372. Providers may also write to the following address:

AA/CRC Office

201 E Washington Ave Room B300

PO Box 7850

Madison WI 53707-7850

For more information on the acts protecting members from discrimination, refer to the civil rights compliance information in the

Enrollment and Benefits booklet. The booklet is given to new ForwardHealth members by local county or Tribal agencies.

Potential ForwardHealth members can request the booklet by calling Member Services.

Title VI of the Civil Rights Act of 1964

This act requires that all benefits be provided on a nondiscriminatory basis and that decisions regarding the provision of services

be made without regard to race, color, or national origin. Under this act, the following actions are prohibited, if made on the basis

of race, color, or national origin:

• Denying services, financial aid, or other benefits that are provided as a part of a provider's program

• Providing services in a manner different from those provided to others under the program

• Aggregating or separately treating clients

• Treating individuals differently in eligibility determination or application for services

• Selecting a site that has the effect of excluding individuals

• Denying an individual's participation as a member of a planning or advisory board

• Any other method or criteria of administering a program that has the effect of treating or affecting individuals in a

discriminatory manner

Title VII of the Civil Rights Act of 1964

This act prohibits differential treatment, based solely on a person's race, color, sex, national origin, or religion, in the terms and

conditions of employment. These conditions or terms of employment are failure or refusal to hire or discharge compensation and

benefits, privileges of employment, segregation, classification, and the establishment of artificial or arbitrary barriers to

employment.

Federal Rehabilitation Act of 1973, Section 504

This act prohibits discrimination in both employment and service delivery based solely on a person's disability.

This act requires the provision of reasonable accommodations where the employer or service provider cannot show that the

accommodation would impose an undue hardship in the delivery of the services. A reasonable accommodation is a device or

service modification that will allow the disabled person to receive a provider's benefits. An undue hardship is a burden on the

program that is not equal to the benefits of allowing that handicapped person's participation.

A handicapped person means any person who has a physical or mental impairment that substantially limits one or more major life

activities, has a record of such an impairment, or is regarded as having such an impairment.

In addition, Section 504 requires "program accessibility," which may mean building accessibility, outreach, or other measures that

allow for full participation of the handicapped individual. In determining program accessibility, the program or activity will be

viewed in its entirety. In choosing a method of meeting accessibility requirements, the provider shall give priority to those methods

that offer a person who is disabled services that are provided in the most integrated setting appropriate.

Americans With Disabilities Act of 1990

Under Title III of the ADA of 1990, any provider that operates an existing public accommodation has four specific requirements:

1. Remove barriers to make their goods and services available to and usable by people with disabilities to the extent that it is

readily achievable to do so (to the extent that needed changes can be accomplished without much difficulty or expense)

2. Provide auxiliary aids and services so that people with sensory or cognitive disabilities have access to effective means of

communication, unless doing so would fundamentally alter the operation or result in undue burdens

3. Modify any policies, practices, or procedures that may be discriminatory or have a discriminatory effect, unless doing so

would fundamentally alter the nature of the goods, services, facilities, or accommodations

4. Ensure that there are no unnecessary eligibility criteria that tend to screen out or segregate individuals with disabilities or

limit their full and equal enjoyment of the place of public accommodation

Age Discrimination Act of 1975

The Age Discrimination Act of 1975 prohibits discrimination on the basis of age in programs and activities receiving federal

financial assistance. The act, which applies to all ages, permits the use of certain age distinctions and factors other than age that

meet the act's requirements.