SAMH Block Grant Charitable Choice Policy April 10, 2014 Florida Department of Children and Families Substance Abuse and Mental Health Services 1
I. CHARITABLE CHOICE BLOCK GRANT REQUIREMENTS... 3 II. RESPONSIBILITY... 3 III. FEDERAL LAW... 3 IV. REPORTING SYSTEM... 4 V. DOCUMENT REVISION HISTORY... ERROR! BOOKMARK NOT DEFINED. Table 1. Federal Charitable Choice Requirements and managing entityresponsibilities... 5 Table 2. Document Revision History... Error! Bookmark not defined. 2
I. Charitable Choice Block Grant Requirements The purpose of this document is to provide guidance for the compliance of Department of Children and Families (Department) in complying with the requirements that monitor consideration and treatment of religious organizations in receiving federal funds for providing substance abuse services under the U.S. Substance Abuse and Mental Health Services Administration (SAMHSA) Substance Abuse Prevention and Treatment (SAPT) block grant funds. 1 This activity is referred to as SAMHSA Charitable Choice. II. Responsibility In the past, Florida s methodology for delivering services to its substance abuse population was based on the relationship between the Department and nongovernmental providers. The Department had the responsibility for ensuring that the practice for selecting these providers did not discriminate against an organization because of its religious affiliation. However, since the transition to the managing entity, the responsibility to oversee and manage providers receiving block grant funds for compliance has shifted to them. 2 This places the burden on the managing entity to ensure that the federal requirements pertaining to the following elements of 42 U.S.C. 300x-65, are met. III. Federal law requires that the State give equal consideration and treatment to all nongovernmental entities receiving state funds for providing services for substance abuse treatment regardless of religion. 3 The law tasks the State with ensuring that requirements pertaining to the following elements of 42 U.S.C. 300x-65, are met. Religious organizations are included as nongovernmental providers. Religious organizations have the right to retain their character and independence. Appropriate employment practices are followed. Beneficiaries receive the appropriate rights for assistance. 4 Providers are non-discriminatory against beneficiaries. Fiscal accountability for providers follow the appropriate guidelines. An individual has the right to assert a civil action against entities, agencies or officials for noncompliance. All entities must exercise the required limitations on use of funds for certain purposes. Providers must segregate block grant funds from non-federal funds. Intermediate contractors (managing entities) have the same duties and authority as the State in carrying out federal law, while retaining all other rights of a nongovernmental organization under this section To implement the statutory requirements set out in U.S. Code, SAMHSA has promulgated regulations at 42 C.F.R. s. 54. Table 1 describes these regulations and the role of the managing entity in carrying out activities to ensure that the requirements are met. 1 42 U.S.C. s. 300x-21 2 42 C.F.R. s. 54.12 3 42 U.S.C. s. 300x-65 4 In this context, beneficiary means an individual who receives substance abuse services under a program funded in whole or in part by applicable programssubstance abuse users who are receiving treatment for substance abuse services through block grant funds. 3
IV. Reporting System It is the ME s responsibility to build a reporting system that reports activities and expenditures using a method that makes it easy for the Department to determine if they have met the requirements of the block grant. For example, if the managing entity reports to the Department that the total amount of funds used to pay providers for non-residential services for one quarter are $100,000, the managing entity must provide supporting evidence through invoices or payments specifying: What is the service in terms of block grant requirements and reporting; What is the amount paid for the service; and, Who is the provider receiving the payment. 4
Table 1. Federal Charitable Choice Requirements and Managing Entity Responsibilities Federal Charitable Choice Requirements and Managing Entity Responsibilities Managing Entity Responsibility The managing entity has a contractual obligation to implement, administer and monitor the Block Grants in Florida. Religious organizations are eligible, on the same basis as any other organization, to participate in applicable programs. The State, managing entity or provider receiving funds under the block grant shall not discriminate against an organization based on religion, religious character or affiliation. 5 Block grant funds provided to providers may not be expended on religious activities. However, a faith-based or religious organization that provides these services may continue to carry out its mission as described below: 6 Faith-based organizations may use space in their facilities to provide services without removing religious art, icons, scriptures or other symbols. Faith-based organizations retain authority over their internal governance applicable to name, board members, mission statements and other governing documents. Religious organizations receiving applicable program funds for substance abuse services will retain its independence from government entities and may continue to carry out their mission; however, they have the same fiscal accountability as other nongovernmental organizations. They are required to segregate Federal funds in a separate account from non-federal funds. Only the Federal funds are subject to audit under SAMHSA. 7 The receipt of grant funds by a faith-based provider does not affect the provider s exemption under 42 U.S.C. s. 2000e-1 for protection from action being taken against the provider for not hiring an employee in a workplace in a foreign country if compliance would cause the provider to violate the law of the foreign country in which the workplace is located. A religious organization providing substance abuse treatment services funded by the block grant must not discriminate against an individual based on religion, a religious belief, a refusal to hold a religious belief, or a refusal to actively participate in a religious practice. 8 Upon solicitation and affiliation with a provider that provides services for substance abuse treatment, the managing entity has the responsibility to inform the potential provider of non-discriminatory rights applicable to religious organizations and abide by SAMHSA s provision for nondiscrimination. The managing entity has the responsibility to ensure that providers segregate block grant funds into an account separate from other funds. Additionally, the managing entity must have a reporting process in place for the provider to report block grant expenditures ensuring that these funds are not being spent on religious activities. The reporting system shall also accurately report these expenditures to the Department in a manner that clearly meets the requirements of the block grant. The managing entity has the responsibility to oversee all hiring practices of providers to ensure compliance with 42 U.S.C. ss. 2000e-2 and 2000e- 3. It is the responsibility of the managing entity to hold the provider accountable for non-discriminatory practices against a person based on religion. The managing entity should ensure that the provider furnish the beneficiary with notice, as well as post notices, regarding nondiscriminatory practices that include contact information, such as a toll- 5 42 C.F.R. s. 54.3 6 42 C.F.R. ss. 54.4 and 54.5 7 42 C.F.R. s. 54.10 8 42 C.F.R. s. 54.7 5
Federal Charitable Choice Requirements and Managing Entity Responsibilities If an active or prospective beneficiary of services objects to the religious character of a faith-based provider, the person has the right to a referral to another provider of substance abuse services within a reasonable period of time after their request. The services must be of a value not less than the services that would have been provided by the faith-based provider. 9 Providers receiving funds under the PATH grant must include in its annual report a description of the activities the grantee has taken to comply with 42 C.F.R., Part 54. 10 As part of the block grant, the State must certify compliance with SAMHSA Charitable Choice. It will be the responsibility of the managing entity to provide such oversight of faith-based providers. 11 If the managing entity contributes its own funds to supplement activities carried out under the applicable programs, they have the option to separate out Federal funds or commingle them. If the funds are commingled, these provisions apply to all of the commingled funds the same as they apply to Federal funds. 12 Upon contractual agreement between the Department and ME, the managing entity has the same duties and responsibilities in meeting Charitable Choice provisions set forth for the State in 42 C.F.R. s. 54 for the State. Conversely, the managing entity retains all other rights of a nongovernmental organization in these same provisions. 13 In determining whether provider staff that has a record of successful drug treatment for the preceding three years have satisfied managing entity requirements for education and training, the managing entity shall not discriminate against education and training provided to Managing Entity Responsibility free number, email address and post office address enabling beneficiaries (or potential beneficiaries) of treatment services by the provider to report to the managing entity if they feel they have been discriminated against. Managing entities must ensure that faith providers receiving block grant funds post a notice in an obvious location of their facility that persons who object to the religious character of a provider has the right to a referral to a another provider for comparable services within a reasonable period of time after their request. The managing entity should require that the provider report the request to the ME. The managing entity has the responsibility of ensuring that the person receives the requested services as required. The managing entity is responsible for ensuring that providers receiving PATH grant funds report the activities they have taken to comply with these requirements and that these activities are reported to the Department. Although the State is responsible for certification of compliance with Charitable Choice, the managing entity has the responsibility for determining that faith-based providers are meeting these requirements and re porting appropriately. N/A It is the responsibility of the ME, separate from the Department, to understand and comply with the Charitable Choice provisions. Although the Department has responsibility to enforce that these provisions are met by the ME, the required resources and knowledge for compliance by the managing entity is solely the responsibility of the ME. If the managing entity is out of compliance, the appropriate action by the Department will be taken. Upon the provision of training by managing entities to provider staff, if the staff has a successful record of providing treatment for the preceding three years, the managing entity must accept comparable training provided to the staff by a religious organization in satisfying training credits. The managing entity and provider have the responsibility of 9 42 C.F.R. s. 54.8 10 42 C.F.R. s. 54.8(e) 11 42 C.F.R. s. 54.9 12 42 C.F.R. s. 54.11 13 42 C.F.R. s. 54.12 6
Federal Charitable Choice Requirements and Managing Entity Responsibilities such personnel by a religious organization, so long as such education and training is comparable to that provided by nonreligious organizations, or is comparable to education and training that the managing entity would otherwise credit for purposes of determining whether the relevant requirements have been satisfied. 14 Managing Entity Responsibility providing this awareness to staff. 14 42 C.F.R. s. 54.13 7