Does HHS have the authority to investigate discrimination complaints filed against programs that provide low income persons with free or reduced cost health care?

Answer

Yes, the HHS Office for Civil Rights has the authority to investigate such complaints if the following conditions are met: 

• the facility receives Federal financial assistance from HHS - in addition, if the alleged discrimination involves disability, we can accept complaints filed against a State or local government entity providing health or social services even if it does not receive Federal financial assistance, and we can accept complaints of disability discrimination in programs conducted by HHS.

• the alleged discrimination must be on a basis in which we have authority (e.g., race, disability) the subject matter must be covered by our regulations (e.g., we generally do not accept employment complaints based on race; the Equal Employment Opportunity Commission usually handles such complaints.)

• the complaint must be filed within 180 days of the alleged discrimination, unless a waiver is granted.

• the complaint must be in writing and signed.

Last Updated: 4/22/2008