Nondiscrimination in Health Programs and Activities

I. POLICY AND GENERAL STATEMENT

The University of Texas Health Science Center (“University”) is committed to providing equitable access, outcomes, and quality care for every person in accordance with all applicable federal laws, including Section 1557 of the Affordable Care Act (“Section 1557”), which prohibits discrimination in health programs and activities on the basis of race, color, national origin (including limited English proficiency and primary language), age, disability, or sex (including pregnancy or related conditions). No person will be excluded from participation, denied benefits, or subjected to discrimination under any health program or activity of the University. 

Topics addressed in separate policies, such as employee or student complaints of discrimination (HOOP 183, Nondiscrimination, Anti-Harassment and Equal Opportunity), sexual misconduct (HOOP 59, Prohibition of Sexual Harassment & Sexual Misconduct), and employee or student requests for disability or pregnancy accommodations (HOOP 101, Disability and Pregnancy Accommodation and HOOP 232, Pregnant and Parenting Student Nondiscrimination), are not covered by this policy. 

II. DEFINITIONS

Companion: a family member, friend, or associate of an individual seeking access to a service, program, or activity of the University, who along with such individual, is an appropriate person with whom the University should communicate. See also HOOP 206, HIPAA Policy 3.03; HIPAA Policy 6.04. 

Individual with limited English proficiency: an individual whose primary language for communication is not English and who has a limited ability to read, write, speak, or understand English. An individual with limited English proficiency may be competent in English for certain types of communication (e.g., speaking or understanding), but still be limited English proficient for other purposes (e.g., reading or writing).

Qualified individual with a disability: for purposes of this policy, an individual with a disability who, with or without reasonable modifications to rules, policies, or practices, the removal of architectural, communication, or transportation barriers, or the provision of auxiliary aids and services, meets the essential eligibility requirements for the receipt of services or the participation in programs or activities provided by the University.

III. PROCEDURE

A. Nondiscrimination

In compliance with Section 1557 and other federal civil rights laws, the University provides individuals the following in a timely manner and free of charge:

1. Language assistance services. The University will provide language assistance services for individuals with limited English proficiency (including individuals’ companions with limited English proficiency) to ensure meaningful access to the University’s health programs, activities, services, and other benefits. Language assistance services may include:
   • Electronic and written translated documents
   • Qualified interpreters
   • Qualified bilingual/multilingual staff

2. Appropriate auxiliary aids and services. The University will provide appropriate auxiliary aids and services for individuals with disabilities (including individuals’ companions with disabilities) to ensure effective communication. Appropriate auxiliary aids and services may include:

• Qualified interpreters, including American Sign Language interpreters
• Video remote interpreting
• Information in alternate formats (including but not limited to large print, recorded audio, and accessible electronic formats)
• Qualified readers 

3. Reasonable modifications. The University will provide reasonable modifications for qualified individuals with disabilities, when necessary to ensure accessibility and equal opportunity to participate in the University’s health programs, activities, services, or other benefits. 

To access the University’s language assistance services, auxiliary aids and services, and for assistance in getting a reasonable modification under this policy, please refer to the University’s policies and procedures on Limited English Proficiency (LEP) Translation Services; Behavioral Sciences Campus, Patient Bill of Rights and Limitations on Patient Rights; and Behavioral Sciences Campus Interpretation Services / Language Services for Patients.   

For additional assistance, individuals may contact the University’s designated Section 1557 Coordinator also serving as the Associate Vice President of University Relations & Equal Opportunity. 

B. Reporting Discrimination

Individuals who believe the University has failed to provide the services described in this policy or subjected someone to discrimination in another way on the basis of race, color, national origin, sex, age, or disability in violation of Section 1557 may: 

1. File a grievance under this procedure. 

• Grievances must be submitted to the Section 1557 Coordinator as soon as possible but no later than 60 calendar days of the date the person filing the grievance becomes aware of the alleged discriminatory action. 

• A grievance must be in writing, containing the name and contact information of the person filing it, as well as the alleged discriminatory action and alleged basis (or bases) of discrimination, the date the grievance was filed, and any other pertinent information. 

• When a grievance includes allegations that would violate Section 1557, the Section 1557 Coordinator (or their designee) shall investigate the grievance. This investigation may be informal, but it will be thorough and afford all interested people an opportunity to submit evidence relevant to the grievance. 

• The University shall inform an individual participating in the grievance process that they have a right to reasonable modifications in the grievance procedure if they need them. 

• The Section 1557 Coordinator must keep confidential the identity of an individual who has filed a grievance under this part except as required by law, to adequately investigate the grievance and/or to take any appropriate actions based on the findings of the investigation. 

• The University will issue to the person who filed the grievance a written decision on the grievance in as timely a manner as possible or within 90 calendar days after its filing. This deadline may be extended at the discretion of the Section 1557 Coordinator or their designee. The decision shall include the resolution date and a notice to the complainant of their right to pursue further administrative or legal remedies. 

• The person filing the grievance may appeal the written decision by writing to the Vice President and Chief Human Resources Officer within 14 calendar days of receiving the decision. The Vice President and Chief Human Resources Officer shall issue a written decision in response to the appeal no later than 30 calendar days after its filing. This deadline may be extended at the discretion the Vice President and Chief Human Resources Officer. 

• The University will maintain the files and records relating to such grievances for at least three years from the date the University resolves the grievance. 

The University, through the Section 1557 Coordinator, will make appropriate arrangements to ensure that individuals with disabilities and individuals with limited English proficiency are provided reasonable modifications, appropriate auxiliary aids and services, or language assistance services, respectively, if needed to participate in this grievance process. Such arrangements may include but are not limited to providing these services in a timely manner and without cost to individuals being served to ensure that individuals have an equal opportunity to participate in the grievance process. 

2. File a complaint with the U.S. Department of Health and Human Services, Office for Civil Rights: 

Electronically: https://ocrportal.hhs.gov/ocr/smartscreen/main.jsf

Via mail:         

U.S. Department of Health & Human Services

200 Independence Avenue, S.W. – 509F

Washington, D.C. 20201

Via phone:    1-800-368-1019; TDD: 1-800-537-7697

Filing a grievance with the University 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.

C. Retaliation

It is against the law for the University 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.  See HOOP 108, Protection from Retaliation.

IV. CONTACTS

• • University Relations & Equal Opportunity
  • 713-500-CALL(2255)
  • [email protected]
  • https://www.uth.edu/hr/service-areas/equal-opportunity

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