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Administrative Manual Section: General Administrative Procedures and Compliance Policy Manual Number: 200.010 Chapter: Rights and Responsibilities
February 1, 2024 Division of TennCare 3 a. Staff shall not reject an individual for benefits because he is, or appears to be, African American, Hispanic, Asian, American Indian, Alaskan Native or a member of another racial or ethnic group.
b. Staff shall not reject an application based on the assumption that a person with a foreign-sounding last name is not a U.S. citizen and therefore not eligible. c. Staff shall not deny benefits to persons who are not fluent in English (known as being LEP) because they assume persons who are or appear to be from other countries are not eligible for such benefits. Instead, staff shall ensure that appropriate language assistance services are provided to the individual such as contacting a language interpreter or arranging translation of documents. d. Where a qualified immigration status requires verification for eligibility, staff shall not accept a self-declaration of that status from individuals who appear to be of African origin, yet require that all immigrants from Spanish-speaking nations submit documentation because of an assumption that these individuals are undocumented.
4. Section 504, Section 1557, and the ADA Prohibit Discriminatory Conduct on the Basis of Disability
TennCare shall not discriminate against any qualified individual with a disability in providing services or administering any program or activity, whether or not the program receives federal financial assistance. In general, an individual with a disability is qualified if that person meets the essential eligibility requirements for receipt of services or the participation in programs or activities provided by TennCare. TennCare shall not refuse to allow a person with a disability to participate because the person has a disability. There cannot be unnecessary eligibility standards or rules that deny an individual with a disability an equal opportunity to participate. TennCare shall not harass an individual based on a disability.
TennCare is required to make reasonable modifications in its policies, practices and procedures so that qualified individuals with disabilities can take part in TennCare’s programs, services or activities, unless a requested modification would result in a fundamental alteration or undue financial and administrative burden to TennCare.
5. Effective Communication (LEP and Individuals with Disabilities)
To ensure compliance with Title VI, Section 1557, the ADA and Section 504, individuals with LEP and/or disabilities must have meaningful access to TennCare’s programs, services or activities. To do this, TennCare works to ensure that communications with members and potential members and these individuals’ families or representatives are as effective as communications with others who are not LEP or have disabilities by using language and communication assistance services and/or auxiliary aids or services that are free to these individuals.