Fundamental Principles and Policymaking Criteria for Partnerships - - PowerPoint PPT Presentation

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Fundamental Principles and Policymaking Criteria for Partnerships - - PowerPoint PPT Presentation

U.S. Department of Veterans Affairs Veterans Health Administration Fundamental Principles and Policymaking Criteria for Partnerships with Faith-Based and Other Neighborhood Organizations (Executive Order 13559) Agenda U.S. Department of


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U.S. Department of Veterans Affairs Veterans Health Administration

Fundamental Principles and Policymaking Criteria for Partnerships with Faith-Based and Other Neighborhood Organizations (Executive Order 13559)

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U.S. Department of Veterans Affairs Veterans Health Administration

I. Background & Summary

  • II. Rights of Faith-Based Organizations
  • III. Organizational Responsibilities T
  • Beneficiaries
  • IV. Offering Alternative Care

Agenda

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U.S. Department of Veterans Affairs Veterans Health Administration

  • I. Background & Summary
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U.S. Department of Veterans Affairs Veterans Health Administration

Background

  • Executive Order (E.O.) 13559, Fundamental

Principles and Policymaking Criteria for Partnerships with Faith-based and Other Neighborhood Organizations was issued on November 17, 2010

  • Amends E.O. 13279, Equal Protection of the Laws for

Faith-Based and Community Organizations issued on December 12, 2003

  • Describes the Federal government's obligation to

monitor and enforce constitutional, statutory, and regulatory requirements relating to the use of Federal financial assistance by faith-based organizations

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U.S. Department of Veterans Affairs Veterans Health Administration

Summary Expectations for Faith-Based Organizations

  • Allow faith-based providers to compete for federal grants

and contracts while maintaining their religious identity

  • Funding decisions are made on the basis of merit, not

religious affiliation, or lack thereof

  • Clarifies that explicitly (replaces “inherently”) religious

activities cannot be directly supported with federal grant or contract funds

  • Affirms that the federal government has an obligation to

monitor and enforce standards regarding the relationship between faith-based and governmental entities

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U.S. Department of Veterans Affairs Veterans Health Administration

Summary Safeguards for Program Participants

  • Beneficiary participation in explicitly religious

activities offered by faith-based organizations as part

  • f a program receiving federal funds is voluntary
  • Organization cannot discriminate against a

beneficiary based on religious belief or refusal to attend a religious activity

  • If beneficiary or prospective beneficiary objects to

religious character of organization, reasonable efforts will be made to find an alternative provider

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U.S. Department of Veterans Affairs Veterans Health Administration

  • II. Rights of Faith-Based Organizations
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U.S. Department of Veterans Affairs Veterans Health Administration

Equal Access to Funding

  • A faith-based organization is eligible to apply for and

to receive a grant or contract under a program on the same basis as any eligible organization

  • VA, grantees, contractors, and pass-through entities

may not discriminate for or against an organization

  • n the basis of its religious character or affiliation
  • VA, grantees, contractors, and pass-through entities

must ensure all award decisions are based on merit and free from actual or perceived political interference, not on the basis of religion or religious belief

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U.S. Department of Veterans Affairs Veterans Health Administration

  • A faith-based organization that applies for and

receives Federal financial assistance may retain its religious identity

  • Maintain religious terms in its name
  • Continue carrying out its mission including the

definition, development, practice, and expression of its religious beliefs

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Maintaining Religious Identity

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U.S. Department of Veterans Affairs Veterans Health Administration

Maintaining Religious Identity

  • Use its facilities to provide services without removing
  • r altering religious art, icons, scriptures, or other

symbols

  • Select its board members on religious grounds
  • Include religious references in mission statement and
  • ther governing documents

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U.S. Department of Veterans Affairs Veterans Health Administration

  • III. Organizational Responsibilities T
  • Beneficiaries
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U.S. Department of Veterans Affairs Veterans Health Administration

Separate T ime and/ or L

  • cation
  • Grantees and sub grantees (and

contractors that provide program services) that engage in explicitly religious activities, such as religious worship, instruction, or proselytization, must offer those activities separately in time or location from any programs or services supported by a grant or contract from VA

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U.S. Department of Veterans Affairs Veterans Health Administration

Voluntary Participation

  • Attendance or participation in any such

explicitly religious activities by beneficiaries of the programs and services supported by the grant or contract must be voluntary

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U.S. Department of Veterans Affairs Veterans Health Administration

Grantee & Sub grantee Contracts

Grant agreements and contracts must impose the following requirements:

  • No program funds used for religious worship, instruction or

proselytizing or use equipment for those purposes

  • Must notify beneficiaries of rights, make reasonable referral

efforts, maintain records of referrals, and promptly notify of referral failure

  • May not discriminate against a beneficiary or prospective

beneficiary in the provision of program goods or services on the basis of religion or religious belief, a refusal to hold a religious belief, or refusal to attend or participate in a religious practice

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U.S. Department of Veterans Affairs Veterans Health Administration

Informing Beneficiaries

  • A faith-based organization that receives a

grant, sub grant, or contract to provide program services under a VA grant or contract program must provide prospective beneficiaries with a written notice of their rights and protections

– Prior to the time they enroll in or receive services from the organization, or – When not practical, to provide written notice at the earliest available opportunity – Written notice OMB Form No. 2900-0828

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U.S. Department of Veterans Affairs Veterans Health Administration

Beneficiary Rights

  • Faith-based organizations who receive a

grant, sub grant or contract may not:

– Discriminate against a beneficiary or prospective beneficiary on the basis of religion or religious belief, a refusal to hold a religious belief, or refusal to attend or participate in a religious practice – Require a beneficiary to attend or participate in any explicitly religious activities that are offered by the organization, and any participation by the beneficiaries in such activities must be purely voluntary;

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U.S. Department of Veterans Affairs Veterans Health Administration

Beneficiary Rights

  • A beneficiary or prospective beneficiary may

report a violation of these protections to, or file a written complaint regarding a denial of services or benefits with the involved grantee, sub-grantee, contractor, or VA under which the violation or denial occurred

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U.S. Department of Veterans Affairs Veterans Health Administration

  • IV. Offering Alternative Care
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U.S. Department of Veterans Affairs Veterans Health Administration

Beneficiary Objections

  • If a beneficiary or prospective beneficiary of

a objects to the religious character of a faith- based organization, then the organization must promptly undertake reasonable efforts to identify and refer the beneficiary or prospective beneficiary to an alternative provider to which the beneficiary or prospective beneficiary has no objection.

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U.S. Department of Veterans Affairs Veterans Health Administration

Referral Requirements Referrals must be made to an alternative provider that:

– Is in reasonable geographic proximity (except for services provided by telephone, internet, or similar means) – Offers services comparable in substance and quality – Has the capacity to accept additional beneficiaries

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U.S. Department of Veterans Affairs Veterans Health Administration

Referral Requirements

  • Referrals may be to another faith-based
  • rganization if the beneficiary or

prospective beneficiary does not object to that provider

  • However, if beneficiary requests a secular

provider and one is available, the faith- based organization must make a referral to that provider

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U.S. Department of Veterans Affairs Veterans Health Administration

Documenting the Referral

  • Faith-based organizations must document all

referrals to an alternative provider

  • Referral records must be maintained with official grant

records and include: – Date of the referral – Name of the alternative provider – Address and contact information of the alternate – Provider

  • Record can consist of copy of notice with notes about

referral information

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U.S. Department of Veterans Affairs Veterans Health Administration

L ack of Alternative Providers

  • When a faith-based organization determines

that it is unable to identify an alternative provider and make a referral, it must:

– Promptly notify the entity that made the award- either VA, the grantee, sub grantee, and/ or contractor

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he grantee or sub grantee, working as necessary with the local VA Medical Center, must determine whether there is a suitable alternative provider to which the beneficiary

  • r prospective beneficiary can be referred

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