Fed Regulation 3- Title VI of the Civil Rights Act Flashcards
Title VI
“No person in the United States shall on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subject to discrimination under any program or activity receiving Federal financial assistance”–> Section 601.
What classes or classes are protected?
Anyone living in the US from race, color, national origin
Good: quickly got rid of desegregation in hospitals, increased access to nursing homes, hospital relocation, but it is NOT healthcare specific.
Bad: no private insurance enforcement, no private physician enforcement because the government excluded it via medicare contracts.
What else is required for the protection to apply?
Must be receiving federal funding
Who is obligated to comply with the protection?
Anyone receiving federal funding
Is there a private right of action?
[POST-SANDOVAL]:
For intentional discrimination yes → Individuals can sue under 601 but they have to prove intentional discrimination
Private litigants do not have a right of action to sue to enforce the disparate impact regulations promulgated under 602
CMS can enforce Title VI violations under intentional and disparate impacts of discrimination
Can a private plaintiff bring a claim under a disparate impact theory?
No, CMS/HHS can enforce Title VI violations under disparate impact theory
What test for causation is used? That is, what must the plaintiff show about the relationship between the different treatments?
But for Test
Limits?
Good: Desegregation of Hospitals: Medicare was the start of Congress’ leverage to address discrimination in hospitals. (1964). Within 2 years, 32% of participating hospital revenues flow from Medicare and Medicaid. This would soon rise to over 50%.
Bad: Right of Action for Individuals discriminated by Doctors (individuals) or Private Insurers: in 1964 both were not covered
