246057 office for civil rights - Advancing the health, safety, and well-being of our people office for civil rights Overview Table End Table Учебный сайт
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office for civil rights - Advancing the health, safety, and well-being of our people



office for civil rights



Overview Table


This numerical table shows the Program Level dollars in millions and FTE information for the years 2004 – 2006 with a column to show the increase or decrease if applicable:
The Program Level in 2004 was $34 million, in 2005 $35 million, in 2006 $35 million. There is no increase or decrease to demonstrate.
The FTEs follow: in 2004 there were 244; in 2005 there were 268, in 2006 there are 268 which shows no increase or decrease.

End Table



The Department of Health and Human Services (HHS), through the Office for Civil Rights (OCR) promotes and ensures that people have equal access to and opportunity to participate in and receive services in all HHS programs without facing unlawful discrimination, and that the privacy of their health information is protected while ensuring access to care. Through prevention and elimination of unlawful discrimination and by protecting the privacy of individually identifiable health information, OCR helps HHS carry out its overall mission of improving the health and well-being of all people affected by its many programs.

The FY 2006 budget request for OCR is $35 million, the same as the FY 2005 level. The budget supports the activities of OCR as the primary defender of the public's right to nondiscriminatory access to and receipt of Federally funded health and human services - from hospitals and nursing homes to Head Start and senior centers. In addition, it supports the significantly expanded compliance responsibilities of OCR that protect the rights of individuals with respect to their health information as provided in the Privacy Rule, issued pursuant to the Health Insurance Portability and Accountability Act (HIPAA).
OCR assesses compliance with nondiscrimination and Privacy Rule requirements through complaint resolution, pre-grant and preventative compliance reviews; monitoring corrective action plans; and carrying out public education, voluntary compliance, training, and technical assistance activities. The work of OCR protects individual rights and simultaneously supports HHS goals for strengthening the health and well-being of individuals, families, and communities by improving access to HHS programs and activities.
Some key priorities for OCR in FY 2005-FY 2006 are: increasing access by vulnerable populations to quality health care; promoting non-discrimination in adoption and foster care and Temporary Assistance for Needy Families (TANF); enhancing provision of appropriate services in the most integrated setting for individuals with disabilities; and ensuring understanding of and compliance with the Privacy Rule.
Through these varied efforts, OCR promotes integrity in the expenditure of Federal funds by ensuring that these funds support programs which provide access to services by intended recipients free from discrimination on the basis of race, national origin, disability, age, and sex. The efforts of OCR also maintain public trust and confidence that the health care system will maintain the privacy of protected health information while ensuring access to care.

New Freedom Initiative and Olmstead


OCR is involved in a variety of efforts to increase the independence and quality of life of persons with disabilities, including those with long-term needs. OCR is the HHS agency with authority and responsibility to protect the rights of persons with disabilities under the Americans with Disabilities Act (ADA). It plays a leading role in carrying out the President’s New Freedom Initiative (NFI) and Executive Order 13217, which commits the U.S. to a policy of community integration for individuals with disabilities, and calls upon the Federal Government to enforce the ADA through complaint investigation and alternative dispute resolution and to work with States to swiftly implement the Olmstead v. L.C. decision.
During FY 2006, the efforts of OCR will continue its NFI leadership role, improving access to community-based services for people with disabilities through technical assistance to States and Olmstead complaint resolution.

Title VI (Race, Color, and National Origin) Access Initiatives


OCR ensures compliance with the non-discrimination requirements of Title VI of the Civil Rights Act of 1964, requiring recipients of HHS Federal financial assistance to ensure that their policies and procedures do not exclude or limit, or have the effect of excluding or limiting, the participation of beneficiaries on the basis of race, color, or national origin. These efforts, which reach beneficiaries of all health and human services programs that HHS funds, seek to achieve voluntary compliance and corrective efforts when violations are found.
In FY 2004, OCR and the HHS Administration for Children and Families (ACF) entered into an agreement with the Ohio Department of Job and Family Services and the Hamilton County Job and Family Services to resolve civil rights violations identified by OCR and ACF regarding race discrimination in adoption placements. OCR also recently collaborated with the Department of Justice (DOJ) and the U.S. Department of Agriculture to produce a video and informational brochure in multiple languages to advise service providers and consumers with limited English proficiency (LEP) about their responsibilities and rights under Title VI.
In FY 2006, OCR will continue to focus on a broad range of Title VI access issues including non-discrimination in adoption, foster care, and TANF, as well as access to quality health services. For example:

HIPAA - Health Information Privacy


OCR is responsible for implementing and enforcing the HIPAA Privacy Rule. Compliance with the HIPAA Privacy Rule was required for most covered entities as of April 14, 2003, when the responsibility for OCR to enforce the Privacy Rule commenced. The Rule protects the privacy of individually identifiable health information maintained or transmitted by health plans, health providers, and clearinghouses. This landmark rule provides individuals, for the first time, with Federal protection against the inappropriate use and disclosure of personal health information.
FY 2004 was the first full year during which OCR received and investigated complaints under the Privacy Rule. Because the Privacy Rule does not provide a private right of action, OCR is the only government entity to which aggrieved parties can turn for redress, through civil monetary penalties. (DOJ is charged with enforcing Privacy Rule criminal violations). The number of complaints OCR has received since the April 14, 2003 compliance date now exceeds 10,000. OCR resolved more than 4,400 of these complaints in FY 2004. OCR has also reached tens of thousands of covered entities and consumers through conferences, a toll-free call line, and an interactive website providing answers to specific questions about the Rule, which has received more than 2.5 million hits.
In FY 2006, OCR will continue to:

Cross-Cutting Civil Rights Activities


The work of OCR often addresses more than one of its legal authorities. Certain population groups may face multiple barriers to services that cross-cut race, national origin, disability, and age non-discrimination authorities, and that may also raise issues involving privacy of health information.
In FY 2006, OCR will continue to build upon its successes in working with other HHS components and Federal agencies to coordinate its cross-cutting initiatives.
For example:

office of inspector general



Overview Table


This numerical table shows the Program Level dollars in millions and FTE information for the years 2004 – 2006 with a column to show the increase or decrease if applicable:
The Program Level in 2004 was $199 million, in 2005 $225 million, in 2006 $200 million. There is a decrease of $25 million.
The FTEs follow: in 2004 there were 1,500; in 2005 there were 1,507, in 2006 there are 1,395 which shows a decrease of 112.

End Table



Under the authority of the Inspector General Act, the Office of Inspector General (OIG) improves HHS programs and operations and protects them against fraud, waste, and abuse. By conducting independent and objective audits, evaluations, and investigations, OIG provides timely, useful, and reliable information and advice to Department officials, the Administration, the Congress, and the public.

For FY 2006, the Office of Inspector General (OIG) requests a discretionary appropriation of
$40 million, the same as the FY 2005 discretionary level. OIG will also receive between $150 and $160 million in FY 2006 from the Health Care Fraud and Abuse Control (HCFAC) Account for Medicare and Medicaid related fraud, waste, and abuse activities. In addition to this, in FY 2005 OIG received $25 million to fight fraud, waste, and abuse associated with the implementation of the Medicare Prescription Drug, Improvement, and Modernization Act (MMA). The FY 2006 budget request proposes to extend the date that OIG can obligate this $25 million by one year, from FY 2005 to FY 2006.
Over the FY 2005 - FY 2006 period, OIG will use its discretionary funding to continue its work across the non-Medicare and non-Medicaid areas of HHS, which are public health, children and families, aging, and department-wide activities. The funding level of OIG for FY 2006 allows OIG to continue its efforts in:

In addition to this, OIG will continue its HCFAC activities to identify and prosecute health care fraud; prevent future fraud, waste, or abuse; protect HHS program beneficiaries; and ensure the solvency of the Medicare Trust Fund; as well as play an active role in implementation of the MMA.

Bioterrorism


OIG has an important role in furthering the Department's bioterrorism efforts and ensuring the security of HHS programs, staff, facilities, and equipment. In FY 2006, OIG has a variety of activities planned.
For example:

Grants Oversight


OIG plans to review Department grant programs to determine whether they are appropriately monitored and managed throughout the grant life cycle. OIG will assess mechanisms in place to ensure that proper procedures are used to award grants, fund them, account for expenditures, and verify that they are used only for authorized purposes. The work of OIG will include review of performance measures used to determine the nature and value of the product of the grants, as well as the methods used to evaluate the individual grants and grant programs as a whole. The reviews of OIG will cover internal controls, accounting controls, performance measurements, and program evaluation.
OIG anticipates conducting grant oversight activities in FY 2005-FY 2006 that touch almost every Operating Division within HHS and include such diverse issues as patient safety, the National Electronic Disease Surveillance System, nursing workforce development, Native American diabetes prevention / treatment, and community health centers.

Child Support Enforcement Program


OIG will continue its coverage of all 50 States and the District of Columbia by its multi-agency task forces (PSOC Task Forces) that identify, investigate, and prosecute individuals who willfully avoid payment of their child support obligations under the Child Support Recovery Act. These task forces bring together State and local law enforcement and prosecutors, United States Attorneys' Offices, the OIG, United States Marshals Service personnel, the Federal Bureau of Investigation, State and county child support personnel, and all other interested parties.
As of September 30, 2004, the task force units have received over 8,200 cases from the States. As a result of the work of the task forces, 494 Federal arrests have been executed and 458 individuals sentenced. The total ordered amount of restitution related to Federal investigations is over $22.8 million. There have been 352 arrests at the State level and 310 convictions or civil adjudications to date, resulting in over $17.3 million in restitution being ordered.

Health Care Fraud and Abuse


Through the Health Insurance Portability and Accountability Act (HIPAA), OIG receives mandatory funding for its activities that focus on fraud, waste, abuse, and efficiency improvements in the Medicare and Medicaid programs. The Act provides for minimum and maximum amounts of funding that are decided each year by the Secretary of HHS and the Attorney General. Starting in FY 2003, and each year thereafter, the maximum amount available to OIG for its HCFAC Program is capped at $160 million.
OIG works with the Centers for Medicare & Medicaid Services (CMS), other HHS agencies, and the Department of Justice to ensure that funds due to the Medicare Trust Fund or CMS are recovered through audits and investigations, and provides recommendations for statutory, regulatory, and program changes that could strengthen program integrity.
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