[Code of Federal Regulations]

[Title 45, Volume 1]

[Revised as of October 1, 2006]

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

[CITE: 45CFR85.21]



[Page 387-388]

 

                        TITLE 45--PUBLIC WELFARE

 

                    SUBTITLE A--DEPARTMENT OF HEALTH

                           AND HUMAN SERVICES

 

PART 85_ENFORCEMENT OF NONDISCRIMINATION ON THE BASIS OF HANDICAP IN 

PROGRAMS OR ACTIVITIES CONDUCTED BY THE DEPARTMENT OF HEALTH AND HUMAN 

SERVICES--Table of Contents

 

Sec.  85.21  General prohibitions against discrimination.



    (a) No qualified individual with handicaps shall, on the basis of 

handicap, be excluded from participation in, be denied the benefits of, 

or otherwise be subjected to discrimination under any program or 

activity conducted by the agency.

    (b) (1) The agency, in providing any aid, benefit, or service, may 

not, directly or through contractual, licensing, or other arrangements, 

on the basis of handicap--

    (i) Deny a qualified individual with handicaps the opportunity to 

participate in or benefit from the aid, benefit, or service;

    (ii) Afford a qualified individual with handicaps an opportunity to 

participate in or benefit from the aid, benefit, or service that is not 

equal to that afforded others;

    (iii) Provide a qualified individual with handicaps with an aid, 

benefit, or service that is not as effective in affording equal 

opportunity to obtain the same result, to gain the same benefit, or to 

reach the same level of achievement as that provided to others;

    (iv) Provide different or separate aids, benefits, or services to 

individuals with handicaps or to any class or individuals with handicaps 

than is provided to others unless such action is necessary to provide 

qualified individuals with handicaps with aids, benefits or services 

that are as effective as those provided to others;



[[Page 388]]



    (v) Deny a qualified individual with handicaps the opportunity to 

participate as a member of a planning or advisory board; or

    (vi) Otherwise limit a qualified individual with handicaps in the 

enjoyment of any right, privilege, advantage, or opportunity enjoyed by 

others receiving the aid, benefit, or service.

    (2) The agency may not deny a qualified individual with handicaps 

the opportunity to participate in programs or activities that are not 

separate or different, despite the existence of permissibly separate or 

different programs or activities.

    (3) The agency may not, directly or through contractual or other 

arrangements, utilize criteria or methods of administration the purpose 

or effect of which would--

    (i) Subject qualified individuals with handicaps to discrimination 

on the basis of handicap; or

    (ii) Defeat or substantially impair accomplishment of the objectives 

of a program or activity with respect to individuals with handicaps.

    (4) The agency may not, in determining the site or location of a 

facility, make selections the purpose or effect of which would--

    (i) Exclude individuals with handicaps from, deny them the benefits 

of, or otherwise subject them to discrimination under any program or 

activity conducted by the agency; or

    (ii) Defeat or substantially impair the accomplishment of the 

objectives of a program or activity with respect to individuals with 

handicaps.

    (5) The agency, in the selection of procurement contractors, may not 

use criteria that subject qualified individuals with handicaps to 

discrimination on the basis of handicap.

    (6) The agency may not administer a licensing or certification 

program in a manner that subjects qualified individuals with handicaps 

to discrimination on the basis of handicap, nor may the agency establish 

requirements for the programs or activities of licensees or certified 

entities that subject qualified individuals with handicaps to 

discrimination on the basis of handicap. However, the programs or 

activities of entities that are licensed or certified by the agency are 

not, themselves, covered by this part.

    (c) The exclusion of individuals without handicaps from the benefits 

of a program limited by Federal statute or Executive order to 

individuals with handicaps or the exclusion of a specific class of 

individuals with handicaps from a program limited by Federal statute or 

Executive order to a different class of individuals with handicaps is 

not prohibited by this part.

    (d) The agency shall administer programs and activities in the most 

integrated setting appropriate to the needs of qualified individuals 

with handicaps.