Non-Discrimination Policy & Grievance Procedure

Section 504 & 1557 Grievance Procedure

It is the policy of the Center not to discriminate on the basis of race, color, national origin, disability, gender, sexual orientation, or age in compliance with the regulations respectively. The Center has adopted an internal grievance procedure providing for prompt and equitable resolution of complaints alleging any action prohibited by Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) or the U.S. Department of Health and Human Services regulations implementing the Act and Section 1557. Section 504 states, in part, that “no otherwise qualified handicapped individual…shall, solely by reason of his handicap, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. The Law and Regulations may be examined in the office of the Center’s Nursing Home Administrator, who serves as the Section 504 & 1557 Coordinator.

Any person who believes she or he has been subjected to discrimination as described above may file a grievance under this procedure. It is against the law for the Center to retaliate against anyone who files a grievance or cooperates in the investigation of a grievance.

Procedures:

• Grievances must be submitted to Section 504 & 1557 Coordinator within 30 days of the date the person filing the grievance becomes aware of the alleged discriminatory action. You can report a grievance to the Nursing Home Administrator who serves as the Section 504 & 1557 Coordinator by going to the “Contact Us” portion of the website.
• A complaint must be in writing, containing the name and address of the person filing it. The complaint must state the problem or action alleged to be discriminatory and the remedy or relief sought.
• The Section 504 & 1557 Coordinator (or her/his designee) shall conduct an investigation of the complaint. This investigation may be informal, but it must be thorough, affording all interested people an opportunity to submit evidence relevant to the complaint. The Section 504 & 1557 Coordinator will maintain the files and records of the Center relating such grievances.
• The Section 504 & 1557 Coordinator will issue a written decision on the grievance no later than 30 days after its filing.
• The person filing the grievance may appeal the decision of the Section 504 & 1557 Coordinator by contacting the Vice President of Operations within 15 days of receiving the Section 504 & 1557 Coordinator’s decision via Alert Line 1-888-475-5286.
• The Vice President of Operations shall issue a written decision in response to the appeal no later than 30 days after its filing.
• The availability and use of this grievance procedure does not prevent a person from filing a complaint of discrimination on the basis of disability with the U.S. Department of Health and Human Services, Office for Civil Rights.

The Center will make appropriate arrangements to ensure that disabled persons are provided other accommodations if needed to participate in this grievance process. Such arrangements may include, but are not limited to, providing interpreters for the deaf, providing taped cassettes of materials for the blind, or assuring a barrier-free location for the proceedings. The Section 504 & 1557 Coordinator will be responsible for such arrangements.

Filing a grievance does not prevent a person from pursuing other legal or administrative remedies, including filing a complaint of discrimination on the basis of race, color, national origin, sex, age, or disability in court or with the U.S. Department of Health and Human Services, Office for Civil Rights. A person can file a complaint of discrimination electronically through the Office for Civil Rights Complaint Portal, which is available at: https://ocrportal.hhs.gov/ocr/smartscreen/main.jsf, or by mail or phone at: U.S. Department of Health and Human Services 200 Independence Avenue, SW Room 509F, HHH Building Washington, D.C. 20201 1-800-368-1019 TDD: 1-800-537-7697 It is against the law for [name of covered entity] to intimidate, threaten, coerce, retaliate, or otherwise discriminate against anyone who files a grievance, or participates in the investigation of a grievance for the purpose of interfering with any right or privilege secured by Section 1557

SUBSTANCE USE DISORDER NON-DISCRIMINATION POLICY

This non-discrimination policy affirms that the Center does not discriminate in admission or access to its services solely on the basis of an individual’s substance use disorder (SUD), including current illegal use of drugs or the medications to treat an SUD, and provides that individuals may file a grievance about such alleged discrimination with the Nursing Center’s Administrator.

The Center will not deny admission to individuals solely on the basis of a substance use disorder (SUD), including individuals with an SUD who are currently engaging in the illegal use of drugs and individuals taking medication to treat an SUD. If a facility intends to deny admission, it must first conduct an individualized assessment, which assessment will be based on reasonable judgment that relies on current medical knowledge or on the best available objective evidence, to ascertain whether the individual poses a significant risk to the health or safety of others that cannot be eliminated by reasonable modifications to its policies, practices, or procedures, and an assessment of whether or not the Center can provide the care needed by the individual with the SUD with or without reasonable accommodations.