FY 2005 Budget in Brief

Office for Civil Rights

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Office for Civil Rights
New Freedom Initiative and Olmstead
Title VI (Race, Color, and National Origin) Access Initiatives
HIPAA - Health Information Privacy
Cross-Cutting Civil Rights Activities

The FY 2005 budget request for OCR is $35 million, an increase of $1 million over the FY 2004 level. OCR conducts public education; outreach; complaint investigation and resolution; and other compliance activities to prevent and eliminate discriminatory barriers, ensure the privacy of protected health information, and enhance access to quality HHS-funded health care and social services programs. OCR is responsible for enforcing civil rights statutes that prohibit discrimination on the basis of race; national origin; disability; age; and, in limited instances, sex and religion.

Some of the key priorities that the work of OCR currently supports and will continue to support during FY 2004 and FY 2005 include: increasing access to health services, improving the quality of health care, working toward independence, leaving no child behind, protecting and effectuating the rights of vulnerable populations, and minimizing health differences and disparities - "Closing the Gaps."

The budget priorities of OCR for FY 2005 concentrate on:

• increasing access to and receipt of nondiscriminatory quality health care and treatment and social services, while protecting the integrity of HHS Federal financial assistance; and
• ensuring understanding of and compliance with the Health Insurance Portability and Accountability Act (HIPAA) Privacy Rule.

OCR will address a broad array of concerns including: the New Freedom Initiative and the Olmstead executive order; Title VI (race, color, and national origin) access and disparities in health and human services programs; and privacy of protected health information - HIPAA.

OCR enforces nondiscrimination requirements by processing and resolving discrimination complaints; conducting reviews and investigations; monitoring corrective action plans; and carrying out voluntary compliance, outreach, technical assistance, and public education activities. Each of the compliance activities for OCR ensures that individuals are treated in a nondiscriminatory manner by health and human services providers or facilities. The work of OCR protects individual rights and simultaneously supports HHS goals for strengthening the health and well-being of individuals, families, and communities by improving access to HHS programs and activities.

New Freedom Initiative and Olmstead

OCR is involved in a range of efforts to increase the independence and quality of life of persons with disabilities, including those with long-term needs. OCR continues to support the President's New Freedom Initiative and the Supreme Court's Olmstead decision in a variety of ways.

OCR provides expert consultant technical assistance to States as they continue to develop comprehensive plans consistent with the requirements of Olmstead. This decision found that unnecessary institutionalization of individuals is a violation of the Americans with Disabilities Act, and that under appropriate circumstances individuals have a right to receive care in the "most integrated" setting that is appropriate for them.

OCR will continue its participation in the HHS New Freedom Initiative Work Group, which serves as a forum to coordinate, develop, and implement HHS disability policy and specific tasks and projects that facilitate the community integration of people with disabilities. The activities of OCR in this work group have included serving on a subgroup to devise solutions to barriers to community integration posed by inadequate housing and employment opportunities.

Title VI (Race, Color, and National Origin) Access Initiatives

OCR ensures compliance with and enforcement of the non-discrimination requirements of Title VI of the Civil Rights Act of 1964, requiring recipients of HHS Federal financial assistance to ensure that their policies and procedures do not exclude or have the effect of excluding or limiting the participation of beneficiaries in their programs on the basis of race, color, or national origin. In FY 2005, OCR will continue to focus on a broad range of Title VI access issues including disparities in access, quality, and availability of health services. For example:

• OCR will focus technical assistance, public education, and awareness activities about civil rights issues in quality health care access by vulnerable rural populations such as person with disabilities, African-Americans, Native Americans, and national origin minorities in Southwestern, Midwestern, and Southern states.

HIPAA - Health Information Privacy

For the past three years OCR prepared for, then began implementing, a new compliance, policy development, public education, outreach, and technical assistance responsibility for protecting the privacy of health information under HIPAA. OCR developed policy guidance, public education, and technical assistance materials for health care providers, health plans, and clearinghouses that maintain individuals' health information, as well as the public. The HIPAA Privacy Rule took effect April 14, 2003. In FY 2005, the resources of OCR will support:

• promoting compliance with the Privacy Rule by receiving, investigating and resolving complaints, and reviewing the compliance of covered entities;
• developing policy guidance and public education and technical assistance materials for covered entities and providing direct technical assistance to covered entities and the public; and
• analyzing and making recommendations with respect to any changes in the Privacy Rule to promote workability, and issuing additional guidance, as needed, to aid in implementation and to dispel misconceptions.

Cross-Cutting Civil Rights Activities

The work of OCR often addresses more than one of its legal authorities simultaneously. For example, certain population groups may face multiple barriers to services that cross-cut race, national origin, disability, and age nondiscrimination authorities.

• In FY 2005, OCR will continue to work with the Administration for Children and Families, states, local governments, and other service providers to ensure that TANF welfare-to-work programs remain free from discriminatory barriers that could prevent minorities and individuals with disabilities from obtaining the training and jobs that can lead to self-sufficiency.
• OCR is making technical assistance available to all states and territories to ensure that the application processes for HHS-funded programs do not contain barriers to access for vulnerable populations and person with disabilities.

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