1. Title VI Complaint and Hearing Procedure

  • Any complaint pertaining to Title VI violations will be addressed in the following manner:
  • The complaint must be filed within 180 days of the alleged event. The complaint should include the name, address, phone number and signature of complainant and should describe the alleged discriminatory act that violates Title VI in detail.
  • Any discrimination complaints received relating to TennCare’s services and activities will be addressed within in two (2) days of receipt to TennCare’s Office of Civil Rights Compliance (“OCRC”) at HCFA.Fairtment@tn.gov. The provider agrees to cooperate with OCRC and other federal and state authorities during discrimination complaint investigations and to assist individuals in obtaining information on how they can report a complaint or get assistance for a disability related need that involves TennCare’s services or activities by contacting OCRC at https://www.tn.gov/tenncare/members-applicants/civil-rights-compliance.html, to call TennCare Connect at 855-259-0701, or to the member’s MCO if the member needs assistance with filing a complaint.
  • Upon receipt of a complaint against STARS the complaint will be logged and forwarded to the Tennessee Department of Transportation within 3 business days.
  • Upon receipt of a complaint against any of STARS contractors, sub-contractors, etc. the complaint will be processed and investigated by STARS.
  • The following guidelines will be followed for processing complaints:
  • STARS will maintain a log of all complaints and appeals.
  • STARS will forward an initial report to TDOT within seven (7) working days.
  • A copy of the complaint will also be forwarded to the alleged discriminatory sub-contractor official. Including the name and telephone number of the Title VI officer assigned to investigate the complaint.
  • The investigating officer will initiate the investigation by first contacting the complainant by telephone within three (3) workdays of receiving the assignment to set up an interview.
  • The complainant will be informed that they have a right to have a witness or representative present during the interview
  • Submit any documentation he/she perceives as relevant to proving his/her complaint
  • The alleged discriminatory sub-contractor official will be given the opportunity to respond to all aspects of the complainant’s allegations.
  • The investigating officer will determine, based on relevancy or duplication of evidence, which witnesses will be contacted and questioned.
  • The investigating officer will contact the complainant after the investigation, but prior to writing the final report and give the complainant an opportunity to give a rebuttal statement only at the end of the investigation process.
  • The investigation will be completed and a final report will be sent to TDOT, the alleged discriminatory sub-contractor, and the complainant within sixty (60) calendar days of the date the complaint was received. The final report will include the following: the written complaint containing the allegation, basis, and date of filing summarized statements taken from witnesses finding of facts opinion (based on all evidence in the record) that the event is substantiated or unsubstantiated remedial action(s) for substantiated cases
  • If corrective action(s) is recommended the alleged discriminatory sub-contractor will be given thirty (30) calendar days to inform the Title VI Officer of the actions taken for compliance.
  • Corrective actions can be in the form of actions to be taken at a future date after the initial thirty (30) days with projected time(s) in which action will be completed. All corrective actions must be made within sixty (60) days from the date of the actual recommendation.
  • If the recommended corrective action(s) have not been taken within the thirty (30) day time allowed, the sub-contractor will be found to be in noncompliance with Title VI and implementing rules and regulations, and a referral will be made to TDOT for enforcement action.

2. Appeals Procedures:

    • The complainant has the right to appeal all written reports to FHWA.
    • This appeal must be made in writing to the TDOT Title VI Director within fourteen (14) days of receipt of the Sub-Recipient’s final report.
    • The appeal must specifically cite the portion(s) of the finding with which the complainant disagrees and his/her reason(s) for disagreement.
    • The TDOT Title VI Director will forward this appeal within seven (7) days to the FHWA for review.
    • The FHWA review of the findings will be based on the entire record.
    • The FHWA must complete the appeal review thirty (30) calendar days after receipt of the appeal.
    • The FHWA will forward their written findings to the complainant and the TDOT Commissioner/Civil Rights Office.
    • STARS Responsibilities Related to Court Appointed Legal Representative or Primary Contacts:
    • STARS intention is to work cooperatively with POAs and/or conservators and will have a copy readily available of the POA or conservatorship order under which the fiduciary is exercising his/her authority to make decisions on behalf of the person with disability. STARS is expected to ensure that appropriate employee:
    • Provide basic information to person about options for assistance with decision-making.
    • Assist in accessing resources available to help person in establishing a POA, conservatorship or other options for decision-making.
    • Understand the roles and responsibilities of POA/conservator.
    • Obtain copies of the court documents pertaining to the appointment of the POA/conservator.
    • Determine the scope of authority of the POA/conservator for decision making.
    • Provide appropriate information and person records to the POA/conservator in a timely manner when required or requested.
    • Collaborate and consult with the POA/conservator as needed to ensure service provision in accordance with the plan.
    • Resolve issues of concern with service provision presented by POA/conservator in a timely manner.
    • Advise the POA or conservator if unable to provide services in a manner that is consistent with a decision made and work with the POA/conservator to identify a suitable

    3. Financial Interest/Exploitation and person Grouping

      • In no instance will items produced by person be utilized for outside profit. All monies received for same are to be placed in the account established for STARS. People will be fairly compensated for their production at a rate compatible with Fair Labor Standards Act.
      • The persons will be grouped according to person’ capabilities. Every effort will be made to ensure that persons are placed at tasks compatible with their level of capability and vocational interests.