Office for Civil Rights – State and Local Government Agency Information

For State and Local Government Agencies that Administer Health Care and Social Services

On this page, you will find:

The Civil Rights Obligations of a Covered Entity

Nondiscrimination laws enforced by the Office for Civil Rights (OCR) prohibit discrimination and require covered entities to ensure that everyone receives an equal opportunity to participate in a program, service, activity, and or benefit regardless of race, color, national origin, religion, sex(under certain conditions), age, or disability.  

What is a Covered Entity?

If your state or local government agency is responsible for administering health care, income assistance, and, human services and receives federal financial assistance from HHS for a program, service, and/or an activity, it is a covered entity.  A sub-grantee, contractor, subcontractor, or a vendor that provide services for you may be considered as a covered entity and must comply with OCR’s civil rights requirements. OCR is also the enforcement agency for Title II of the Americans with Disabilities Act, which prohibits discrimination against individuals with disabilities regardless of whether the state or local government health care or social service agency receives federal financial assistance.

Examples of programs that may receive HHS federal financial assistance are:

  • State Children's Insurance Program - health assistance to uninsured, low-income children program
  • Temporary Assistance for Needy Families – a program to assist to needy families with children
  • Adoption Assistance – to provided funding for the adoption of special needs children
  • Foster Care Program - to provide safe and stable out-of-home care for children
  • Community Mental Health Services –to provide services to adults with a mental illness
  • Prevention and Treatment of Substance Use Disorder –activities related to control and treatment of alcohol and drug misuse

See the Regulations and Nondiscrimination Laws Enforced by OCR

OCR Resources to Assist State and Local Agencies Comply with Civil Rights Laws:

  • Emergency Preparedness Planning and Response is an issue of national concern.  OCR is working closely with other HHS agencies to ensure that civil rights issues are addressed in planning, and has identified helpful information. 
  • Adoption/Foster Care agencies may need information to comply with regulations for nondiscrimination in placement of a child.
  • Limited English Proficiency (LEP) may affect access to healthcare or social services for certain individuals or groups.  This site will assist states and local governments to ensure effective linguistic services and programs for persons who have limited English proficiency (includes published guidance).
  • National Origin Discrimination may result from discriminatory practices in benefit applications and other administrative procedures that delay or deny services to eligible national origin groups.
  • Serving People with Disabilities in the Most Integrated Setting is important for ensuring that services are made available consistent with the Supreme Court Olmstead decision and the New Freedom Initiative of the President.
  • Temporary Assistance for Needy Families providers must make available their programs and services without regard to a person’s race, color, national origin, disability, sex, age, religion or political belief.
  • Civil Rights Certification for Medicare Providers provides forms and technical ass Medicare Certification Civil Rights Information Forms and Technical Assistance



 

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