§ 107.3. Requirements.
(a) Application. Nondiscrimination requirements shall apply to applicants and recipients and others participating in the programs. The requirements relate not only to the activities of employes of the Department engaged in the direct administration of public assistance but also to services purchased or otherwise obtained from other agencies, organizations and institutions for public assistance clients; and to the treatment of clients in facilities in which the services are provided.
(b) Prohibited practices of discriminatory actions. Specifically prohibited shall be discriminatory actions which directly or indirectly:
(1) Deny an individual any aid, care, services or other benefits of the public assistance programs.
(2) Provide any aid, care, services or other benefits to an individual which are different, or are provided in a different manner, from those provided to others under the programs in the same circumstances.
(3) Subject an individual to segregation or separate treatment in any matter related to his receiving any aid, care, services or other benefits of the programs.
(4) Restrict an individual in any way in the enjoyment of an advantage or privilege enjoyed by others receiving any aid, care, services or other benefits provided under the programs.
(5) Treat an individual differently from others in determining eligibility for aid, care, services or benefits under the programs.
(6) Deny an individual the right to participate in service programs or afford him an opportunity to do so which is different from that afforded others under the program.
(c) Nondiscriminatory requirements of Department personnel in the processing of applications. The following requirements apply to Department personnel involved in the processing of applications:
(1) The methods employed in administering financial assistance and services are directed to enhancing and facilitating the participation of each individual applicant or recipient in the rights, benefits and opportunities available to him under the public assistance programs.
(2) Specifically prohibited are discriminatory practices because of race, color, national origin or handicap with respect to the use of physical facilities, intake and application procedures, caseload assignments, methods of determining eligibility and the amount of the grant, or entitlement to other benefits under the programs and the use of the grant and other benefits.
(3) An employe engaged in the administration of public assistance who in any way curtails, jeopardizes or infringes on the rights, benefits and opportunities of an individual applicant or recipient because of his race, color, national origin or handicap will be subject to disciplinary action.
(d) Nondiscriminatory requirements of participating agencies, institutions, organizations and vendors. Agencies, institutions, organizations and vendors may participate in the public assistance programs only on agreement to provide care and services on behalf of recipients without discrimination on the ground of race, color, national origin or handicap and to continue compliance with this agreement. Exceptions will be made for medical emergencies, that is if it is necessary to provide immediate care or services to an individual to prevent his death or serious impairment of his health, and it is impossible for the care or services to be provided except by or through a medical institution which has refused or failed to comply with the requirements prohibiting discriminatory actions. The agencies, institutions and organizations affected by this section and the requirements for each shall be as follows:
(1) Medical institutions. The requirements for medical institutions shall be as follows:
(i) A medical institution shall be defined as a public or private establishment or facility organized to provide medical care, including nursing and convalescent care.
(ii) The medical institutions to which the provisions of this section apply shall be hospitals, nursing homes, geriatric centers and mental institutions, both profit and nonprofit, and public or private. To participate in the program each the medical institution shall admit persons without regard to race, color, national origin or handicap and shall provide care and treatment without discrimination based upon these factors.
(iii) Medical institutions shall be subject to the Pennsylvania Human Relations Act (43 P. S. § § 951—963) prohibiting discrimination in ‘‘the accommodations, advantages, facilities or privileges’’ of the institutions because of race, color and national origin, as well as other factors. Since this statute of the Commonwealth carries enforcement authority and penalties for noncompliance, the absence of an official citation of violation is acceptable evidence for initial participation in the program that a hospital or nursing home is complying with the terms of the Civil Rights Act of 1964 (42 U.S.C.A. § § 1971, 1975-d, 2000a—2000a-6) and this section.
(iv) Continued compliance for assistance purposes will be certified on the invoice forms submitted by the hospitals or nursing homes for payment in behalf of public assistance recipients.
(2) Home nursing care agencies. A public or private nursing agency or association otherwise eligible for participation in the medical care program and providing home nursing care for assistance recipients shall comply with the regulations of the Department prohibiting discrimination on account of race, color, national origin or handicap. The nondiscriminatory requirements for home nursing care agencies shall apply to the following:
(i) Intake policies and practices.
(ii) The nature and extent of the care and treatment provided by the agency.
(3) Practitioners and vendors. Requirements for practitioners and vendors shall be as follows:
(i) Practitioners and vendors participating in the Medical Assistance Program shall be subject to the regulations prohibiting discrimination on account of race, color, national origin or handicap.
(ii) Invoices from practitioners and vendors shall contain a certification that the practitioner or vendor does not discriminate in his practice by reason of race, color, national origin or handicap.
Cross References This section cited in 55 Pa. Code § 107.4 (relating to procedures to assure nondiscrimination of participating agencies, institutions, organizations and vendors).
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