1630 Civil Rights Complaints - Kansas maintains a system to ensure that no person in Kansas shall, on the grounds of race, color, national origin, gender, age, sex, disability, political belief, religion, sexual orientation, or marital or family status, be excluded from participation in, be denied medical assistance  or be otherwise subjected to discrimination.

 

1630.1 Reserved

 

1630.2 Public Notification, Data Collection, Maintenance, Reporting, and Training -

 

  1. All applicants and participants shall be informed of the following:
      
    1. Rights and responsibilities;
       
    2. KDHE's policy of nondiscrimination;
       
    3. Procedures for filing a complaint;
        
    4. Procedures for filing for a fair hearing.
       
  2. Regarding race and identity questions on the application the applicant is encouraged to  complete all questions regarding race or identity on the application. The applicant shall be informed that the information will be used for statistical purposes and will have no effect on his/her eligibility. However, if the applicant fails to provide this information, it is acceptable for the staff person to complete the questions by observation.
     
  3. KDHE, either directly or through contacted services, will provide  bilingual services as needed.
     
  4. Local service centers, including contractors, shall complete and mail the Civil Rights Complaint Form, to KDHE Policy according to the procedures of this section.
  5. Local service centers, including contractors,  shall cooperate with Personnel Services in the investigation and resolution of the complaint;
     
  6. Local service centers, including contractors,  shall take any corrective action indicated by the investigation; and
     
  7. Local service centers, including contractors,  are to insure that medical assistance staff receive training on the civil rights of applicants/recipients as well as procedures for handling civil rights complaints on a  regular  basis. This includes staff who answer the phones and staff who deal with the public in reception areas.

 

1630.3 Civil Rights Complaint Processing System - Discrimination Complaints or Allegations

 

          Upon receiving an an oral or written complaint alleging discrimination or other civil rights issue, the entity receiving the complaint shall:
 

  1.  Log the complaint on the Civil Rights Complaint Form.   Provide a clear summary of the complaint.
     

  2. Send a copy of the Civil Rights Complaint Form to KDHE Eligibility Policy.  Retain the original in the case file.    The referral must be made within 2 days of the complaint.
     

  3. KDHE Policy will consult with KDHE Legal, Personnel Services, and, if necessary, Senior Leadership to determine corrective action.
     

  4. KDHE Policy will communicate the recommended corrective action approach to the entity receiving the complaint.
     

  5. The local entity is responsible for carrying out the corrective action.  This may include oral or written explanation, interview, change in agency action, or assisting the complainant to either file for a fair hearing, or another action..
     

  6. If the complaint cannot be settled within 10 days to the satisfaction of the complainant, inform the complainants that the issued will referred for additional consideration.   

 

    7.  Local staff shall contact KDHE Policy for additional remedies.  These may include contacting HHS, consultation with KDHE Legal or other agency division to resolve the complaint.   

 

    8.  As part of the corrective action, contact with Personnel Services may be necessary.

 

    9.  Staff must cooperate with Personnel Services in investigation and resolution of the complaint, to include taking the necessary actions indicated by the investigation.                  
 

    10. Retain a copy of the completed form Civil Rights Complaint Form in the case file.