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Civil Rights Information

If you are a health care provider seeking initial Medicare Part A certification and/or undergoing a change of ownership (CHOW), you will need a civil rights clearance from the Office for Civil Rights (OCR) to be certified as a Medicare Part A provider by the Centers for Medicare and Medicaid Services (CMS). These facilities are:

  • skilled nursing facilities
  • hospitals
  • critical access hospitals
  • home health agencies
  • rehabilitation agencies (outpatient therapy, speech pathology)
  • comprehensive outpatient rehabilitation facilities
  • hospices
  • community mental health centers
  • rural health clinics that are provider-based to a hospital or CAH

Medicare Part A providers are required to sign an attestation of their compliance with all applicable civil rights laws enforced by OCR (including Title VI of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, Title IX of the Education Amendments of 1972, the Age Discrimination Act of 1975 and Section 1557 of the Affordable Care Act). This attestation is referred to as an Assurance of Compliance. New applicants for Medicare funding and current providers undergoing a change of ownership are responsible for submitting this attestation electronically to OCR.

Providers must submit the Assurance of Compliance online via the Assurance of Compliance Portal. The confirmation of successful submission must be included with paperwork submitted to the state agency.

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Facilities Not Requiring Civil Rights Certification

The following suppliers are not subject to civil rights clearance:

  • Ambulatory Surgical Centers
  • Rural Health Clinics that are not provider-based
  • Portable X-Ray
  • End Stage Renal Disease Facilities
  • Federally Qualified Health Centers
  • Organ Procurement Organizations

Also, Medicaid-only providers do not need OCR clearance.