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DATE: APR 9 1998
FROM: Nancy-Ann Min DeParle Administrator
Subject: CMS Civil Rights Compliance Policy Statement

Memorandum

To: CMS Leadership

Attached is the CMS Civil Rights Compliance Policy Statement, which expresses our Agency commitment to ensuring that there is no discrimination in the delivery of health care services through CMS programs.

I am committed to weaving respect for individual civil rights and freedom from discrimination in the fabric of CMS programs both now and for the future. Equal access to the health care services provided for Medicare, Medicaid and Children's Health Insurance Programs eligible without discrimination is fundamental to our success as program managers.

I am asking that you share this policy statement with our partners (contractors, state agencies, health care providers, and all others directly involved in the administration of CMS programs). Thank you for your cooperation in this matter.

CMS Civil Rights Compliance Policy Statement 

The Centers for Medicare and Medicaid's vision in the current Strategic Plan guarantees that all our beneficiaries will have equal access to the best health care. Pivotal to guaranteeing equal access is the integration of compliance with civil rights laws into the fabric of all CMS program operations and activities. I want to emphasize my personal commitment to and responsibility for ensuring compliance with civil rights laws by recipients of CMS funds. These laws include Title VI of the Civil Rights Act, as amended, Section 504 of the Rehabilitation Act, as amended, the Age Discrimination Act of 1975, as amended, the Americans with Disabilities Act of 1990, as amended, and Title IX of the Education Amendments of 1972, as well as other related laws. The responsibility for ensuring compliance with these laws is shared by all CMS operating components. Promoting attention to and CMS program compliance with civil rights laws are among my highest priorities for CMS, its employees, contractors, State agencies, health care providers, and all other partners directly involved in the administration of CMS programs.

CMS, as the agency legislatively charged with administering the Medicare, Medicaid and Children's Health Insurance Programs, is thereby charged with ensuring these programs do not engage in discriminatory actions on the basis of race, color, national origin, age, sex or disability.

CMS all with your help continues to ensure that persons are not excluded from participation in or denied the benefits of its programs because of prohibited discrimination.

To achieve its civil rights goals, CMS will continue to incorporate civil rights concerns into the culture of our agency and its programs, and we ask that all our partners do the same. We will include civil rights concerns in the regular program review and audit activities: collecting data on access to, and the participation of, minority and disabled persons in our programs; furnishing information to recipients and contractors about civil rights compliance reviewing CMS publications, program regulations, directives and instructions to assure support for civil rights, and working closely with the Department of Health and Human Services (DHHS), Office for Civil Rights, to initiate orientation and training programs on civil rights. CMS will also allocate financial resources, to the extent feasible, to ensure equal access, to prevent discrimination, and to assist in the remedy of past acts adversely affecting persons on the basis of race, color, national origin, age, sex or disability.

DHHS will seek voluntary compliance to resolve issues of discrimination whenever it is possible. If necessary, CMS will refer matters to the Office for Civil Rights for appropriate handling. In order to enforce civil rights laws, the Office for Civil Rights may: 1) refer matters for an administrative hearing which could lead to suspending, terminating or refusing to grant or continue Federal financial assistance; or 2) refer the matter to the Department of Justice for legal action.

CMS's mission is to assure health care security for the diverse population that constitutes our nation's Medicare and Medicaid beneficiaries, i.e., our customers. We will enhance our communication with constituents, partners and stakeholders. In so doing, we will seek input from health care providers, states, contractors, the DHHS Office for Civil Rights, professional organizations, community advocates and program beneficiaries. We will continue to vigorously assure that all Medicare and Medicaid beneficiaries have equal access to and receive the best health care possible, regardless of race, color, national origin, age, sex or disability.

Nancy-Ann Min DeParle