[Code of Federal Regulations]
[Title 38, Volume 2]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 38CFR18.452]

[Page 31-32]
 
            TITLE 38--PENSIONS, BONUSES, AND VETERANS' RELIEF
 
          CHAPTER I--DEPARTMENT OF VETERANS AFFAIRS (CONTINUED)
 
PART 18--NONDISCRIMINATION IN FEDERALLY-ASSISTED PROGRAMS OF THE DEPARTMENT 
OF VETERANS AFFAIRS--EFFECTUATION OF TITLE VI OF THE CIVIL RIGHTS ACT OF 
1964--Table of Contents
 
   Subpart D--Nondiscrimination in Federally-Assisted Programs of the 
 Department of Veterans Affairs--Effectuation of Title VI of the Civil 
                           Rights Act of 1964
 
Sec. 18.452  Health and other social services.

    (a) General. In providing health, or other social services or 
benefits, a recipient may not, on the basis of handicap:
    (1) Deny a qualified handicapped person these benefits or services;
    (2) Give a qualified handicapped person the opportunity to receive 
benefits or services that are not equal to those offered nonhandicapped 
persons.
    (3) Provide a qualified handicapped person with benefits or services 
that are not as effective (as defined in Sec. 18.404(b)(2)) as the 
benefits or services provided to others;
    (4) Provide benefits or services in a manner that limits or has the 
effect of limiting the participation of qualified handicapped persons; 
or
    (5) Provide different or separate benefits or services to 
handicapped persons except where necessary to provide qualified 
handicapped persons with benefits and services that are as effective as 
those provided to others.
    (b) Notice. A recipient that provides notice concerning benefits or 
services or written material concerning waivers of rights of consent to 
treatment shall ensure that qualified handicapped persons, including 
those with impaired

[[Page 32]]

sensory or speaking skills, are not denied effective notice because of 
their handicap.
    (c) Emergency treatment for the hearing impaired. A recipient 
hospital that provides health services or benefits shall establish a 
procedure for effective communication with persons with impaired hearing 
for the purpose of providing emergency care.
    (d) Auxiliary aids. (1) A recipient that employs fifteen or more 
persons shall provide appropriate auxiliary aids to persons with 
impaired sensory, manual, or speaking skills, where necessary to give 
these persons an equal opportunity to benefit from the service in 
question.
    (2) The Secretary may require recipients with fewer than fifteen 
employees to provide auxiliary aids where the provision of aids would 
not significantly impair the ability of the recipient to provide its 
benefits or services.
    (3) Auxiliary aids may include brailled and taped material, 
interpreters, and aids for persons with impaired hearing or vision.