SECTION 395.32. Contractor Compliance

(a) HHS agencies must not participate in a contract or other arrangement for the provision of services and benefits that has the effect of subjecting applicants or participants to discrimination.

(1) HHS agencies must include a requirement in each contract or other arrangement that the contractor or other provider of services and benefits must provide services and benefits without discrimination.

(2) If required by federal or state law, regulation, or policy, HHS agencies must obtain a written assurance from each service delivery contractor or other provider that the contractor or provider must comply with all applicable civil rights laws and regulations.

(3) HHS agencies must instruct employees and contract staff who regularly visit contracted service facilities and have contact with families of applicants and participants to notify the HHSC Civil Rights Office (CRO) of any suspected discriminatory act, or any discrepancies in the intake, processing, and treatment of applicants and participants that appear to be based on a protected class.

(b) The HHSC CRO may conduct periodic compliance reviews of contractors and other providers of services or benefits not directly provided by HHSC or an HHS agency.

Source Note: The provisions of this §395.32 adopted to be effective May 9, 2011, 36 TexReg 2827