(a) Cooperation and assistance. The responsible Department official shall to the fullest extent practicable seek the cooperation of recipients in obtaining compliance with this part and shall provide assistance and guidance to recipients to help them comply voluntarily with this part.
(b) Compliance reports. Each recipient shall keep such records and submit to the responsible Department official or his designee timely, complete and accurate compliance reports at such times, and in such form and containing such information, as the responsible Department official or his designee may determine to be necessary to enable him to ascertain whether the recipient has complied or is complying with this part. For example, recipients should have available for the Department racial and ethnic data showing the extent to which members of minority groups are beneficiaries of and participants in federally-assisted programs. In the case in which a primary recipient extends Federal financial assistance to any other recipient, such other recipient shall also submit such compliance reports to the primary recipient as may be necessary to enable the primary recipient to carry out its obligations under this part.
(c) Access to sources of information. Each recipient shall permit access by the responsible Department official or his designee during normal business hours to such of its books, records, accounts, and other sources of information, and its facilities as may be pertinent to ascertain compliance with this part. Where any information required of a recipient is in the exclusive possession of any other agency, institution or person and this agency, institution or person shall fail or refuse to furnish this information the recipient shall so certify in its report and shall set forth what efforts it has made to obtain the information. Asserted considerations of privacy or confidentiality may not operate to bar the Department from evaluating or seeking to enforce compliance with this part. Information of a confidential nature obtained in connection with compliance evaluation or enforcement shall not be disclosed except where necessary in formal enforcement proceedings or where otherwise required by law.
(d) Information to beneficiaries and participants. Each recipient shall make available to participants, beneficiaries, and other interested persons such information regarding the provisions of this regulation and its applicability to the program for which the recipient receives Federal financial assistance, and make such information available to them in such manner, as the responsible Department official finds necessary to apprise such persons of the protections against discrimination assured them by the Act and this regulation.
(Secs. 601, 602, Civil Rights Act of 1964, 78 Stat. 252 (42 U.S.C. 2000d, 2000d-1))
[29 FR 16298, Dec. 4, 1964, as amended at 32 FR 14555, Oct. 19, 1967; 38 FR 17981, 17982, July 5, 1973; 70 FR 24318, May 9, 2005]
Notes of Decisions
Madison-Hughes v. Shalala, 80 F.3d 1121 (6th Cir. 1996).
· cites it 12× “The first is 45 C.F.R. § 80.6 . They contend that HHS has failed “to comply with mandatory federal regulations which require them to obtain compliance information from Medicare and Medicaid participating providers, 45 C.”
United States v. Univ. Hosp. of State Univ. of New York, 575 F. Supp. 607 (E.D.N.Y 1983).
· cites it 5× “61 , which regulation incorporates by reference the provisions of another regulation, 45 C.F.R. § 80.6 (c), which latter regulation provides, in pertinent part, that each recipient of Federal financial assistance [Sjhall permit access by the responsible Department official or…”
Marzen v. United States Dep't of Health & Human Servs., 632 F. Supp. 785 (N.D. Ill. 1986).
· cites it 6× “The MCDPW initially resisted cooperation with the investigation, but it eventually supplied the documents that OCR had requested after OCR stressed that the confidentiality of the records would be protected pursuant to OCR regulations, specifically 45 C.F.R. § 80.6 (c), and…”
Miener v. State of Mo., 498 F. Supp. 944 (E.D. Mo. 1980).
· cites it 2× “; 45 CFR §§ 80.6 through 80.11 and 45 CFR Part 81; 45 CFR § 84.”
United States v. El Camino Cmty. Coll. Dist., 454 F. Supp. 825 (C.D. Cal. 1978).
· cites it 3× “The letter stated that OCR had determined under 45 C.F.R. § 80.6 (b) that ECC is not in compliance with Title VI, that OCR has exhausted the possibilities of securing compliance through informal conferences and other voluntary means, and that the matter would be referred to…”
Nat'l Ass'n v. Wilmington Med. Ctr., Inc., 453 F. Supp. 280 (D. Del. 1978).
“80 Moreover, until the adoption of consolidated procedural regulations governing all of the civil rights statutes for which HEW has enforcement duties, the “procedural provisions applicable to Title VI of the Civil Rights Act of 1964,” found in 45 C.F.R. §§ 80.6 -.10 and Part…”
Lloyd v. Illinois Reg'l Transp. Auth., 548 F. Supp. 575 (N.D. Ill. 1982).
“The 1981 regulations in Subpart F do not differ in any material respect from the preceding enforcement procedures in 45 C.F.R. §§ 80.6 — 80.10. For example, 49 C.”
Medley v. Ginsberg, 492 F. Supp. 1294 (S.D.W. Va 1980).
“The regulations relied on by defendants, which are found at 45 C.F.R. §§ 80.6 to 80.10 (1979), were originally promulgated to effectuate section 601 of the Civil Rights Act of 1964.”
Nat'l Ass'n v. Wilmington Med. Ctr., Inc., 453 F. Supp. 330 (D. Del. 1978).
“Pending the adoption of consolidated procedural regulations governing all of the civil rights statutes for which HEW has enforcement responsibilities, the procedural provisions applicable to Title VI (see 45 C.F.R. §§ 80.6 -.10 and 45 C.F.R. Part 81) are expressly incorporated…”
— 45 C.F.R. § 80.6(a) — 1 case
— 45 C.F.R. § 80.6(c) — 1 case
Marzen v. United States Dep't of Health & Human Servs., 632 F. Supp. 785 (N.D. Ill. 1986).
“The MCDPW initially resisted cooperation with the investigation, but it eventually supplied the documents that OCR had requested after OCR stressed that the confidentiality of the records would be protected pursuant to OCR regulations, specifically 45 C.F.R. § 80.6 (c), and…”
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