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42 U.S.C. § 10803 — Allotments
Federal law — U.S. Code and appendices · legal_authorities
The Secretary shall make allotments under this subchapter to eligible systems to establish and administer systems—
(1) which meet the requirements of [section 10805 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section10805&num=0&edition=prelim); and
(2) which are designed to—
(A) protect and advocate the rights of individuals with mental illness; and
(B) investigate incidents of abuse and neglect of individuals with mental illness if the incidents are reported to the system or if there is probable cause to believe that the incidents occurred.
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Stable record: federal_law:legal_authorities:record_usc_33b96972aaf4805e785445ed
Source file: Laws/federal/codes/united-states-code/title-42/section-10803-allotments--8a6c919d1c.md
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Source location: Title 42, Chapter 114, § 10803; chapter-114-protection-and-advocacy-for-individuals-with-mental-illness.md
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The Secretary shall make allotments under this subchapter to eligible systems to establish and administer systems—
(1) which meet the requirements of [section 10805 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section10805&num=0&edition=prelim); and
(2) which are designed to—
(A) protect and advocate the rights of individuals with mental illness; and
(B) investigate incidents of abuse and neglect of individuals with mental illness if the incidents are reported to the system or if there is probable cause to believe that the incidents occurred.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Authority; independent status; access to facilities and records; advisory council; annual report; grievance procedure** A system established in a State under [section 10803 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section10803&num=0&edition=prelim) to protect and advocate the rights of individuals with mental illness shall—
(1) have the authority to—
(A) investigate incidents of abuse and neglect of individuals with mental illness if the incidents are reported to the system or if there is probable cause to believe that the incidents occurred;
(B) pursue administrative, legal, and other appropriate remedies to ensure the protection of individuals with mental illness who are receiving care or treatment in the State; and
(C) pursue administrative, legal, and other remedies on behalf of an individual who—
(i) was a 11 So in original. Probably should be “an”. individual with mental illness; and
(ii) is a resident of the State,
but only with respect to matters which occur within 90 days after the date of the discharge of such individual from a facility providing care or treatment;
(2) be independent of any agency in the State which provides treatment or services (other than advocacy services) to individuals with mental illness;
(3) have access to facilities in the State providing care or treatment;
(4) in accordance with [section 10806 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section10806&num=0&edition=prelim), have access to all records of—
(A) any individual who is a client of the system if such individual, or the legal guardian, conservator, or other legal representative of such individual, has authorized the system to have such access;
(B) any indiv
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 10805
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Establishment.—** There is established in the Department within the Office of the Under Secretary for Health an office to be known as the “Office of Patient Advocacy” (in this section referred to as the “Office”).
**(b) Head.—**
(1) The Director of the Office of Patient Advocacy shall be the head of the Office.
(2) The Director of the Office of Patient Advocacy shall be appointed by the Under Secretary for Health from among individuals qualified to perform the duties of the position and shall report directly to the Under Secretary for Health.
**(c) Function.—**
(1) The function of the Office is to carry out the Patient Advocacy Program of the Department.
(2) In carrying out the Patient Advocacy Program of the Department, the Director shall ensure that patient advocates of the Department—
(A) advocate on behalf of veterans with respect to health care received and sought by veterans under the laws administered by the Secretary;
(B) carry out the responsibilities specified in subsection (d); and
(C) receive training in patient advocacy.
(3) Beginning not later than 18 months after the date of the enactment of this paragraph, the Director shall establish an information technology system that will allow a veteran (or the designated representative of a veteran) to electronically—
(A) file a complaint that will be received by the appropriate patient advocate; and
(B) at any time view the status of the complaint, including interim and final actions that have been taken to address the complaint.
**(d) Patient Advocacy Responsibilities.—** The responsibilities of each patient advocate at a medical facility of the Department are the following:
(1) To resolve complaints by veterans with respect to health care furnished under the laws administered by th
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 7309A
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Federal law — U.S. Code and appendices · legal_authorities
**(a)**
(1)
(A) Except as provided in paragraph (2) and subject to the availability of appropriations under [section 10827 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section10827&num=0&edition=prelim), the Secretary shall make allotments under [section 10803 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section10803&num=0&edition=prelim) from amounts appropriated under [section 10827 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section10827&num=0&edition=prelim) for a fiscal year to eligible systems on the basis of a formula prescribed by the Secretary which is based equally—
(i) on the population of each State in which there is an eligible system; and
(ii) on the population of each such State weighted by its relative per capita income.
(B) For purposes of subparagraph (A)(ii), the term “relative per capita income” means the quotient of the per capita income of the United States and the per capita income of the State, except that if the State is Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, the Marshall Islands, the Federated States of Micronesia, the Republic of Palau, or the Virgin Islands, the quotient shall be considered to be one.
(2)
(A) The minimum amount of the allotment of an eligible system shall be the product (rounded to the nearest $100) of the appropriate base amount determined under subparagraph (B) and the factor specified in subparagraph (C).
(B) For purposes of subparagraph (A), the appropriate base amount—
(i) for American Samoa, Guam, the Marshall Islands, the Federated States of Micronesia, the Commonwealth of the Northern Mariana Islands, the Republic of Palau, and the Virgin Is
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 10822
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Federal law — U.S. Code and appendices · legal_authorities
Page 8084
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 10803
1 So in original. The comma probably should not appear.
2 See References in Text note below.
106–402, Oct. 30, 2000, 114 Stat. 1677. Subtitle C of the Act
probably means subtitle C of title I of the Act, which
is classified generally to part C (§ 15041 et seq.) of sub-
chapter I of chapter 144 of this title. For complete clas-
sification of this Act to the Code, see Short Title note
set out under section 15001 of this title and Tables.
The Developmental Disabilities Assistance and Bill of
Rights Act, referred to in par. (8), is title I of Pub. L.
88–164, as added by Pub. L. 98–527, § 2, Oct. 19, 1984, 98
Stat. 2662, which was repealed by Pub. L. 106–402, title
IV, § 401(a), Oct. 30, 2000, 114 Stat. 1737. Part C of the Act
was classified generally to subchapter III (§ 6041 et seq.)
of chapter 75 of this title. Provisions similar to former
part C of the Act are contained in subtitle C of title I
of the Developmental Disabilities Assistance and Bill
of Rights Act of 2000, Pub. L. 106–402, which is classified
generally to part C (§ 15041 et seq.) of subchapter I of
chapter 144 of this title.
AMENDMENTS
2000—Par. (2). Pub. L. 106–402 substituted ‘‘subtitle C
of the Developmental Disabilities Assistance and Bill
of Rights Act of 2000’’ for ‘‘part C of the Developmental
Disabilities Assistance and Bill of Rights Act’’.
Par. (4). Pub. L. 106–310, § 3206(b)(1)(A), inserted
‘‘, except as provided in section 10804(d) of this title,’’
after ‘‘means’’ in introductory provisions.
Par. (4)(B). Pub. L. 106–310, § 3206(b)(1)(B), designated
existing provisions as cl. (i), redesignated former cls. (i)
to (iii) as subcls. (I) to (III), respectively, of cl. (i), and
added cl. (ii).
Par. (8). Pub. L. 106–3
Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 10803
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