[Code of Federal Regulations]

[Title 43, Volume 1]

[Revised as of October 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 43CFR17.250]



[Page 399]

 

                    TITLE 43--PUBLIC LANDS: INTERIOR

 

PART 17_NONDISCRIMINATION IN FEDERALLY ASSISTED PROGRAMS OF THE DEPARTMENT

OF THE INTERIOR--Table of Contents

 

          Subpart B_Nondiscrimination on the Basis of Handicap

 

Sec.  17.250  Health, welfare, and social services.



    This subpart applies to health, welfare, and other social service 

programs or activities that receive Federal financial assistance and to 

recipients that operate, or that receive Federal financial assistance 

for the operation of such programs or activities.

    (a) General. In providing health, welfare, 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) Afford a qualified handicapped person an opportunity to receive 

benefits or services that is not equal to that offered nonhandicapped 

persons;

    (3) Provide a qualified handicapped person with benefits or services 

that are not as effective, as defined in Sec.  17.203(b), 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 

beneficiaries or services, or written material concerning waivers of 

rights or consent to treatment, shall take such steps as are necessary 

to insure that qualified handicapped persons, including those with 

impaired 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 health 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 afford 

such persons an equal opportunity to benefit from the service in 

question.

    (2) The Director 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) For the purpose of this paragraph, auxiliary aids may include 

brailled and taped material, interpreters, visual aids, and other aids 

for persons with impaired hearing or vision.