Section 601 of Title VI of the Civil Rights Act of 1964 provides that no person shall “on the ground of race, color or national origin be excluded from participation in, be denied benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance.”
The Cabinet for Health and Family Services (CHFS) is required annually to review the activities of its Departments to determine whether they are complying with Title VI and submit an annual Title VI plan update to the Auditor of Public Accounts and the Kentucky Commission on Human Rights. As a part of the Annual Compliance Plan the Cabinet has developed a list of Department Compliance Tasks to be completed by each Department within the Cabinet for Health and Family Services and all subcontractors, including Local Health Departments (LHD). Below is a description of the process for Step One.
Step One is to ensure that all NKY Health staff (including supplemental staff and volunteers) have been informed of their responsibilities and obligations under Title VI.
In the next sections you will find the CHFS Title VI Compliance Responsibility and Corrective Action Policy. In addition, Title VI - LEP Policy should be reviewed as well.
All staff are to receive this policy and must read and acknowledge receipt either by wet signature or by electronic signature through NKY Health’s Learning Management System.
These acknowledgements will be kept on file and will be available for viewing upon request by the District Director of Health or CHFS Title VI Coordinator, the Auditor of Public Accounts or the Office of Civil Rights. To assist in providing services in a way that is compliant with Title VI, we have a translation provider that can be accessed via phone and, in cases where this is not an option, staff should seek direct translation services as needed via the purchasing system. For assistance in these areas, please contact the Deputy Director of Health. If you have any questions regarding this policy, please contact the Deputy Director of Health.
To ensure the Cabinet meets its compliance responsibility, the Cabinet will not, directly or through contractual or other arrangements, on the basis of race, color or national origin:
Deny any individual any service, financial aid, or other benefit provided under any program;
Provide any service, financial aid, or other benefit to an individual which is different, or is provided in a different manner from that provided to others under the program;
Subject an individual to segregation or separate treatment in any matter related to the receipt of any service, financial aid, or other benefit under its programs;
Restrict any individual in any way from utilizing any advantage or privilege given to others receiving any service, financial aid or other benefit under its programs;
Treat an individual differently from others in determining whether he/she satisfies any admission, enrollment, quota, eligibility, membership or other requirement or condition which individual must meet in order to be provided any service, financial aid, or other benefit under the Cabinet’s programs;
Deny any individual the opportunity to participate in a program through the provision of services or otherwise afford him/her an opportunity to do so which is different from that afforded others under a program including the opportunity to participate in the program as an employee but only to the extent set forth in the law; or
Deny any individual the opportunity to participate as a member of a planning or advisory body, which is an integral part of a program.
The Cabinet will not, directly or through contractual or other arrangement, utilize criteria or methods of administration which have the effect of defeating or substantially impairing accomplishment of the objectives of a program or subjecting individual to discrimination because of their race, color or national origin.
In determining the site or location of a facility, the Cabinet will not make selections with the effect of excluding individuals from, denying them the benefits, or subjecting them to discrimination under any programs on the basis of race, color or national origin, or with the purpose or effect of defeating or substantially impairing the accomplishment of the objectives of the program.
Notwithstanding the foregoing provisions, the Cabinet shall not be deemed to have failed to comply with the Act if immediate provision of a service or benefit to an individual is necessary to prevent their death or serious impairment to their health and such service or benefit cannot be provided except by or through a medical institution which refuses or fails to comply with the Act.
If any of the Cabinet’s Title VI Coordinators find a discriminatory practice, based on the provisions of Title VI, in a federally funded program administered by a Cabinet department, the subrecipient will be provided a written notice of the discriminatory practice and will be directed to immediately take corrective action to eliminate or cease the practice.
NKY Health staff who have participated in the practice will receive written notice to immediately cease the discriminatory practice. Failure of an individual staff to eliminate or cease the discriminatory practice will result in appropriate disciplinary measures in accordance with the provisions of KRS Chapter 18A and the regulations promulgated pursuant thereto.
Subrecipients, including those that have entered into contracts with the Cabinet, that are found to have engaged in a discriminatory practice under the provision of Title VI will be given a written notice of the discriminatory practice and will be directed to eliminate or cease the discriminatory practice. Failure to voluntarily eliminate or cease the discriminatory practice within thirty (30) days of receipt of the notification letter will be considered a violation of the terms of the assistance or contract, and will constitute a basis for suspension or termination of the contract and/or refusal to grant or pay continued federally funded financial assistance. The Cabinet may suspend or terminate the contract and/or refuse to grant continued federally funded financial assistance or payments after written notice to the subrecipient and an opportunity to be heard. If, after hearing, there is a finding on the record that the discriminatory practice occurred and compliance has not, or cannot be, secured by voluntary means, the Secretary may enter an order suspending or terminating the contract and/or refusing to continue the grant or payments of financial assistance. In the case of a finding that discrimination in violation of Title VI has occurred or is occurring, and voluntary compliance is obtained, the program or subrecipient will be reviewed within three (3) months of the survey, review or complaint that resulted in the finding to determine compliance with Title VI. A second follow-up review will be conducted within six (6) months of the initial follow-up.
6/20/2023
Added Revision Log
4/29/2024
Changed "Director of Administration and Accounting" to "Deputy Director of Health"