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42 U.S.C. § 10821 — Applications
Federal law — U.S. Code and appendices · legal_authorities
**(a) Submission for allotment; contents** No allotment may be made under this subchapter to an eligible system unless an application therefor is submitted to the Secretary. Each such application shall contain—
(1) assurances that amounts paid to such system from an allotment under this subchapter will be used to supplement and not to supplant the level of non-Federal funds available in the State in which such system is established to protect and advocate the rights of individuals with mental illness;
(2) assurances that such system will have a staff which is trained or being trained to provide advocacy services to individuals with mental illness and to work with family members of clients served by the system where the individuals with mental illness are minors, legally competent and do not object, and legally incompetent and the legal guardians, conservators, or other legal representatives are family members;
(3) assurances that such system, and any State agency or nonprofit organization with which such system may enter into a contract under [section 10804(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section10804/a&num=0&edition=prelim), will not, in the case of any individual who has a legal guardian, conservator, or representative other than the State, take actions which are duplicative of actions taken on behalf of such individual by such guardian, conservator, or representative unless such guardian, conservator, or representative requests the assistance of such system; and
(4) such other information as the Secretary may by regulation prescribe.
**(b) Satisfaction of requirements regarding trained staff** The assurance required under subsection (a)(2) regarding trained staff may be satisfied through the provision of tra
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Source location: Title 42, Chapter 114, § 10821; chapter-114-protection-and-advocacy-for-individuals-with-mental-illness.md
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**(a) Submission for allotment; contents** No allotment may be made under this subchapter to an eligible system unless an application therefor is submitted to the Secretary. Each such application shall contain—
(1) assurances that amounts paid to such system from an allotment under this subchapter will be used to supplement and not to supplant the level of non-Federal funds available in the State in which such system is established to protect and advocate the rights of individuals with mental illness;
(2) assurances that such system will have a staff which is trained or being trained to provide advocacy services to individuals with mental illness and to work with family members of clients served by the system where the individuals with mental illness are minors, legally competent and do not object, and legally incompetent and the legal guardians, conservators, or other legal representatives are family members;
(3) assurances that such system, and any State agency or nonprofit organization with which such system may enter into a contract under [section 10804(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section10804/a&num=0&edition=prelim), will not, in the case of any individual who has a legal guardian, conservator, or representative other than the State, take actions which are duplicative of actions taken on behalf of such individual by such guardian, conservator, or representative unless such guardian, conservator, or representative requests the assistance of such system; and
(4) such other information as the Secretary may by regulation prescribe.
**(b) Satisfaction of requirements regarding trained staff** The assurance required under subsection (a)(2) regarding trained staff may be satisfied through the provision of training by individuals who have received or are receiving mental health services and family members of such individuals.
**(c) Duration of applications and assurances** Applications submitted under this section shall remain in effect for a 4-year period, and the assurances required under this section shall be for the same 4-year period.
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Federal law — U.S. Code and appendices · legal_authorities
For the purpose of facilitating the administration of, and expediting the carrying out of the purposes of, the programs established by subchapters V, VI, and VII,11 See References in Text note below. and sections 242b, 246(a), 246(b), 246(c), 246(d),1 and 246(e) 1 of this title in situations in which grants are sought or made under two or more of such programs with respect to a single project, the Secretary is authorized to promulgate regulations—
(1) under which the administrative functions under such programs with respect to such project will be performed by a single administrative unit which is the administrative unit charged with the administration of any of such programs or is the administrative unit charged with the supervision of two or more of such programs;
(2) designed to reduce the number of applications, reports, and other materials required under such programs to be submitted with respect to such project, and otherwise to simplify, consolidate, and make uniform (to the extent feasible), the data and information required to be contained in such applications, reports, and other materials; and
(3) under which inconsistent or duplicative requirements imposed by such programs will be revised and made uniform with respect to such project;
except that nothing in this section shall be construed to authorize the Secretary to waive or suspend, with respect to any such project, any requirement with respect to any of such programs if such requirement is imposed by law or by any regulation required by law.
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Federal law — U.S. Code and appendices · legal_authorities
Page 8087
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 10821
1 So in original. Probably should be ‘‘an’’.
obligations incurred after Apr. 30, 1997, for items and
services provided on or after such date, subject to also
being applicable with respect to contracts entered into,
renewed, or extended after Apr. 30, 1997, as well as con-
tracts entered into before Apr. 30, 1997, to the extent
permitted under such contracts, see section 11 of Pub.
L. 105–12, set out as an Effective Date note under sec-
tion 14401 of this title.
§ 10806. Access to records
(a) An eligible system which, pursuant to sec-
tion 10805(a)(4) of this title, has access to records
which, under Federal or State law, are required
to be maintained in a confidential manner by a
provider of mental health services, shall, except
as provided in subsection (b), maintain the con-
fidentiality of such records to the same extent
as is required of the provider of such services.
(b)(1) Except as provided in paragraph (2), an
eligible system which has access to records pur-
suant to section 10805(a)(4) of this title may not
disclose information from such records to the
individual who is the subject of the information
if the mental health professional responsible for
supervising the provision of mental health serv-
ices to such individual has provided the system
with a written determination that disclosure of
such information to such individual would be
detrimental to such individual’s health.
(2)(A) If disclosure of information has been de-
nied under paragraph (1) to an individual—
(i) such individual;
(ii) the legal guardian, conservator, or other
legal representative of such individual; or
(iii) an eligible system, acting on behalf of
an individual described in subparagraph (B),
may select an
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