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Section 504/Americans with Disabilities Act (ADA)

The Colorado Department of Health Care Policy and Financing is committed to ensuring individuals with disabilities have an equal opportunity to participate in our programs, services, and activities. 

 

SECTION 504 OF THE REHABILITATION ACT OF 1973 (“Section 504”) is a federal law protecting qualified individuals with disabilities from discrimination. This law applies to entities receiving federal assistance.

 

TITLE II OF THE AMERICANS WITH DISABILTIES ACT OF 1990, AS AMENDED (“ADA”) is a federal law protecting qualified individuals with disabilities from discrimination. This law applies to all state and local government agencies.

 

DISABILITY is defined as a person with a physical or mental impairment that substantially limits one or more of the major life activities; a record of such an impairment; or being regarded as having such an impairment. Major life activities include: caring for one’s self, walking, seeing, hearing, speaking, breathing, working, and learning.

 

QUALIFIED INDIVIDUAL WITH A DISABILITY is defined in Title II ADA as “an individual with a disability who, with or without reasonable modifications to rules, policies, or practices, the removal of architectural, communication, or transportation barriers, or the provision of auxiliary aids and services, meets the essential eligibility requirements for the receipt of services or the participation in programs or activities provided by a public entity.” 

 

REQUESTING AUXILIARY AIDS AND SERVICES

We have procedures to ensure effective communication with qualified individuals with disabilities. These procedures apply to all of the many different forms of communication that we use when communicating about eligibility and enrollment, services and benefits.  The Department will provide all necessary auxiliary aids and services without cost to the person being served unless it would fundamentally alter the nature of the program, service, or activity or the auxiliary aids and services cause undue burden.  Some examples of auxiliary aids and services are: 

o   qualified sign language interpreters

o   documents in braille

o   note takers

o   qualified readers

o   taped text

o   large print materials

o   communication boards

 

If you need an Auxiliary Aid or Service to achieve effective communication with the Department, please contact the 504/ADA Coordinator or complete and submit the Auxiliary Aids and Services Request Form.  We will attempt to process all requests within 2 business days.  Certain types of auxiliary aids and services may require additional time for processing.  For this reason, please contact us as soon as you become aware that you may need an auxiliary aid or service.

 

REQUESTING REASONABLE MODIFICATIONS

 

The Department shall make reasonable modifications to policies, practices and procedures to avoid discrimination on the basis of disability, unless a modification would fundamentally alter the nature of the program, service, or activity or a modification causes undue burden. 

 

If you need a Reasonable Modification to policies, practices or procedures, contact the 504/ADA Coordinator or use the Reasonable Modifications Request Form.  Reasonable Modification requests are processed as quickly as possible.  Timing may vary depending on the nature and complexity of the request.

 

COMPLAINTS AND GRIEVANCES

 

If you feel you have been discriminated against, individuals with disabilities can file a complaint within 60 days of the incident. Complaints should be in writing whenever possible, however, if you are unable to write your complaint due to disability, alternatives are available. Please use the Discrimination Complaint Form or contact the 504/ADA Coordinator to discuss alternate methods for filing a complaint.  The Department will respond to the complaint within 30 days.

 

If this does not satisfactorily resolve the issue, qualified individuals may appeal the decision.  Submit appeals within 15 days of the decision.  Appeals should be in writing addressed to the 504/ADA Coordinator.  Within 30 days, the Department will respond to the appeal.

 

More information is available in the Department’s Disability Rights Notice  and the Department’s Disability Rights Policy and Grievance Procedure.  If you still have questions, please contact the 504/ADA Coordinator at:

Emelie Esquivel

504/ADA Coordinator

Health Care Policy & Financing

1570 Grant Street

Denver, Colorado 80203

Telephone:  303-866-6010

FAX:  303-866-2828

Email:  hcpf504ada@state.co.us

 

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