Oregon Administrative Rules Chapter 950 - OREGON HEALTH AUTHORITY, EQUITY AND INCLUSION DIVISION
General Explanation of an Equity and Inclusion Division within a Health Authority
1. Purpose
An Equity and Inclusion Division within a state health authority typically focuses on:
Ensuring equitable access to healthcare services for all populations, especially marginalized and underserved groups.
Promoting inclusion by addressing disparities based on race, ethnicity, disability, gender, socioeconomic status, and other factors.
Developing policies and programs aimed at reducing health inequities.
Providing training and guidance to public health staff and community partners on equity and cultural competence.
Monitoring and reporting on health outcomes to identify disparities and measure progress.
2. Functions
Conducting data analysis on health disparities.
Advising the health authority on inclusive policies.
Collaborating with community organizations to engage underrepresented populations.
Creating outreach and education programs tailored to diverse groups.
Ensuring compliance with non-discrimination requirements in public health programs.
Key Legal Concepts Related to Equity and Inclusion in Public Health
While not specific to Oregon Administrative Rules Chapter 950, the following concepts are fundamental in administrative law and health law:
A. Equal Protection and Non-Discrimination
Agencies must ensure their programs do not unlawfully discriminate against any protected groups. Administrative decisions and policies must be made fairly and without bias.
B. Reasonable Accommodation
Public health authorities are required to provide reasonable accommodations to ensure persons with disabilities or other barriers have equal access to health services.
C. Procedural Fairness
Equity includes fair procedures in decision-making, ensuring that community voices, especially from marginalized groups, are heard in the policy process.
Relevant Case Law Principles (General and Conceptual)
Here are some foundational legal principles from case law that guide equity and inclusion efforts in administrative agencies:
1. Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc. (1984) — Agency Deference
Courts often defer to agency expertise in interpreting rules related to equity and public health, as long as the interpretation is reasonable.
2. Washington v. Davis (1976) — Disparate Impact
Policies that are neutral on their face but have a disparate impact on racial or ethnic minorities may violate constitutional equal protection principles.
3. Olmstead v. L.C. (1999) — Disability Rights and Inclusion
The Supreme Court held that unnecessary segregation of persons with disabilities constitutes discrimination under the Americans with Disabilities Act, emphasizing community inclusion.
4. Goldberg v. Kelly (1970) — Due Process
Government benefits, including health services, cannot be withdrawn without a fair hearing, underscoring the importance of procedural fairness in administrative actions.
Summary
The Equity and Inclusion Division of a health authority is designed to promote fairness, non-discrimination, and accessibility in public health programs.
It develops and enforces policies to reduce health disparities and ensure inclusive service delivery.
Legal principles require agencies to avoid discriminatory practices, provide accommodations, and ensure fair administrative procedures.
Case law supports these principles by emphasizing deference to agency expertise, protection against disparate impact, disability inclusion, and due process.
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