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42 U.S.C. § 10805 — System requirements
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
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Source file: Laws/federal/codes/united-states-code/title-42/section-10805-system-requirements--e5c4754af4.md
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Source location: Title 42, Chapter 114, § 10805; chapter-114-protection-and-advocacy-for-individuals-with-mental-illness.md
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**(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 individual (including an individual who has died or whose whereabouts are unknown)—
(i) who by reason of the mental or physical condition of such individual is unable to authorize the system to have such access;
(ii) who does not have a legal guardian, conservator, or other legal representative, or for whom the legal guardian is the State; and
(iii) with respect to whom a complaint has been received by the system or with respect to whom as a result of monitoring or other activities (either of which result from a complaint or other evidence) there is probable cause to believe that such individual has been subject to abuse or neglect; and
(C) any individual with a mental illness, who has a legal guardian, conservator, or other legal representative, with respect to whom a complaint has been received by the system or with respect to whom there is probable cause to believe the health or safety of the individual is in serious and immediate jeopardy, whenever—
(i) such representative has been contacted by such system upon receipt of the name and address of such representative;
(ii) such system has offered assistance to such representative to resolve the situation; and
(iii) such representative has failed or refused to act on behalf of the individual;
(5) have an arrangement with the Secretary and the agency of the State which administers the State plan under title XIX of the Social Security Act [[42 U.S.C. 1396](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1396&num=0&edition=prelim) et seq.] for the furnishing of the information required by subsection (b);
(6) establish an advisory council—
(A) which will advise the system on policies and priorities to be carried out in protecting and advocating the rights of individuals with mental illness;
(B) which shall include attorneys, mental health professionals, individuals from the public who are knowledgeable about mental illness, a provider of mental health services, individuals who have received or are receiving mental health services, and family members of such individuals, and at least 60 percent the membership of which shall be comprised of individuals who have received or are receiving mental health services or who are family members of such individuals; and
(C) which shall be chaired by an individual who has received or is receiving mental health services or who is a family member of such an individual;
(7) on January 1, 1987, and January 1 of each succeeding year, prepare and transmit to the Secretary and the head of the State mental health agency of the State in which the system is located, and make publicly available, a report describing the activities, accomplishments, and expenditures of the system during the most recently completed fiscal year, including a section prepared by the advisory council that describes the activities of the council and its assessment of the operations of the system;
(8) on an annual basis, provide the public with an opportunity to comment on the priorities established by, and the activities of, the system;
(9) establish a grievance procedure for clients or prospective clients of the system to assure that individuals with mental illness have full access to the services of the system and for individuals who have received or are receiving mental health services, family members of such individuals with mental illness, or representatives of such individuals or family members to assure that the eligible system is operating in compliance with the provisions of this subchapter and subchapter III; and
(10) not use allotments provided to a system in a manner inconsistent with [section 14404 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section14404&num=0&edition=prelim).
**(b) Annual survey report; plan of corrections** The Secretary and the agency of a State which administers its State plan under title XIX of the Social Security Act [[42 U.S.C. 1396](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1396&num=0&edition=prelim) et seq.] shall provide the eligible system of the State with a copy of each annual survey report and plan of corrections for cited deficiencies made pursuant to titles XVIII and XIX of the Social Security Act [[42 U.S.C. 1395](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1395&num=0&edition=prelim) et seq., 1396 et seq.] with respect to any facility rendering care or treatment to individuals with mental illness in the State in which such system is located. A report or plan shall be made available within 30 days after the completion of the report or plan.
**(c) Governing authority**
(1)
(A) Each system established in a State, through allotments received 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 have a governing authority.
(B) In States in which the governing authority is organized as a private non-profit entity with a multi-member governing board, or a public system with a multi-member governing board, such governing board shall be selected according to the policies and procedures of the system. The governing board shall be composed of—
(i) members (to be selected no later than October 1, 1990) who broadly represent or are knowledgeable about the needs of the clients served by the system; and
(ii) in the case of a governing authority organized as a private non-profit entity, members who broadly represent or are knowledgeable about the needs of the clients served by the system including the chairperson of the advisory council of such system.
As used in this subparagraph, the term “members who broadly represent or are knowledgeable about the needs of the clients served by the system” shall be construed to include individuals who have received or are receiving mental health services and family members of such individuals.
(2) The governing authority established under paragraph (1) shall—
(A) be responsible for the planning, design, implementation, and functioning of the system; and
(B) consistent with subparagraph (A), jointly develop the annual priorities of the system with the advisory council.
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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.
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 10803
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** Subject to [section 14402(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section14402/b&num=0&edition=prelim) (relating to construction and treatment of certain services), no funds appropriated by Congress may be used to assist in, to support, or to fund any activity or service which has a purpose of assisting in, or to bring suit or provide any other form of legal assistance for the purpose of—
(1) securing or funding any item, benefit, program, or service furnished for the purpose of causing, or the purpose of assisting in causing, the suicide, euthanasia, or mercy killing of any individual;
(2) compelling any person, institution, governmental entity 11 So in original. Probably should be “or governmental entity”. to provide or fund any item, benefit, program, or service for such purpose; or
(3) asserting or advocating a legal right to cause, or to assist in causing, the suicide, euthanasia, or mercy killing of any individual.
**(b) List of programs to which restrictions apply**
(1) **In general** — Subsection (a) applies to funds appropriated under or to carry out the following:
(A) *Protection and advocacy systems under the Developmental Disabilities Assistance and Bill of Rights Act of 2000* — Subtitle C of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 [[42 U.S.C. 15041](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section15041&num=0&edition=prelim) et seq.].
(B) *Protection and advocacy systems under the Protection and Advocacy for Mentally Ill Individuals Act* — The Protection and Advocacy for Mentally Ill Individuals Act of 1986 22 See References in Text note below. [[42 U.S.C. 10801](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 14404
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Establishment** There is hereby established the Medicaid and CHIP Payment and Access Commission (in this section referred to as “MACPAC”).
**(b) Duties**
(1) **Review of access policies for all States and annual reports** — MACPAC shall—
(A) review policies of the Medicaid program established under this subchapter (in this section referred to as “Medicaid”) and the State Children’s Health Insurance Program established under subchapter XXI (in this section referred to as “CHIP”) affecting access to covered items and services, including topics described in paragraph (2);
(B) make recommendations to Congress, the Secretary, and States concerning such access policies;
(C) by not later than March 15 of each year (beginning with 2010), submit a report to Congress containing the results of such reviews and MACPAC’s recommendations concerning such policies; and
(D) by not later than June 15 of each year (beginning with 2010), submit a report to Congress containing an examination of issues affecting Medicaid and CHIP, including the implications of changes in health care delivery in the United States and in the market for health care services on such programs.
(2) **Specific topics to be reviewed** — Specifically, MACPAC shall review and assess the following:
(A) *Medicaid and CHIP payment policies* — Payment policies under Medicaid and CHIP, including—
(i) the factors affecting expenditures for the efficient provision of items and services in different sectors, including the process for updating payments to medical, dental, and health professionals, hospitals, residential and long-term care providers, providers of home and community based services, Federally-qualified health centers and rural health clinics, managed care entities, and providers of ot
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 1396
Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
**(a)** An eligible system which, pursuant to [section 10805(a)(4) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section10805/a/4&num=0&edition=prelim), 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 confidentiality 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 pursuant to [section 10805(a)(4) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section10805/a/4&num=0&edition=prelim) 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 services 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 denied 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 another mental health professional to review such information and to determine if disclosure of such information would be detrimental to such individual’s health. If such mental health professional determines, based on professional judgment, that disclosure of such information would not be detrimental to the health of such individua
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 10806
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Federal law — U.S. Code and appendices · legal_authorities
This chapter may be cited as the “Social Security Act”.
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 1305
Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
**(a) Findings** Congress finds the following:
(1) The Federal Government provides financial support for the provision of and payment for health care services, as well as for advocacy activities to protect the rights of individuals.
(2) Assisted suicide, euthanasia, and mercy killing have been criminal offenses throughout the United States and, under current law, it would be unlawful to provide services in support of such illegal activities.
(3) Because of recent legal developments, it may become lawful in areas of the United States to furnish services in support of such activities.
(4) Congress is not providing Federal financial assistance in support of assisted suicide, euthanasia, and mercy killing and intends that Federal funds not be used to promote such activities.
**(b) Purpose** It is the principal purpose of this chapter to continue current Federal policy by providing explicitly that Federal funds may not be used to pay for items and services (including assistance) the purpose of which is to cause (or assist in causing) the suicide, euthanasia, or mercy killing of any individual.
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 14401
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Conditions of participation; protection of individual rights; notification of State entities; use of home health aides; medical equipment; individual’s plan of care; compliance with Federal, State, and local laws and regulations** The conditions of participation that a home health agency is required to meet under this subsection are as follows:
(1) The agency protects and promotes the rights of each individual under its care, including each of the following rights:
(A) The right to be fully informed in advance about the care and treatment to be provided by the agency, to be fully informed in advance of any changes in the care or treatment to be provided by the agency that may affect the individual’s well-being, and (except with respect to an individual adjudged incompetent) to participate in planning care and treatment or changes in care or treatment.
(B) The right to voice grievances with respect to treatment or care that is (or fails to be) furnished without discrimination or reprisal for voicing grievances.
(C) The right to confidentiality of the clinical records described in section 1395x(o)(3) of this title.
(D) The right to have one’s property treated with respect.
(E) The right to be fully informed orally and in writing (in advance of coming under the care of the agency) of—
(i) all items and services furnished by (or under arrangements with) the agency for which payment may be made under this subchapter,
(ii) the coverage available for such items and services under this subchapter, subchapter XIX, and any other Federal program of which the agency is reasonably aware,
(iii) any charges for items and services not covered under this subchapter and any charges the individual may have to pay with respect to items and services furn
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 1395
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Federal law — U.S. Code and appendices · legal_authorities
Page 8085
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 10805
1 So in original. Probably should be ‘‘an’’.
tal illness as defined in subparagraphs (A) and
(B)(i) of section 10802(4) of this title.
(Pub. L. 99–319, title I, § 104, May 23, 1986, 100
Stat. 479; Pub. L. 100–509, § 7(a), (b)(1), Oct. 20,
1988, 102 Stat. 2544; Pub. L. 102–173, §§ 5, 10(2),
Nov. 27, 1991, 105 Stat. 1217, 1219; Pub. L. 106–310,
div. B, title XXXII, § 3206(c), Oct. 17, 2000, 114
Stat. 1194.)
Editorial Notes
REFERENCES IN TEXT
Section 10802(4)(B)(iii) of this title, referred to in sub-
sec. (d), was redesignated section 10802(4)(B)(i)(III) of
this title by Pub. L. 106–310, div. B, title XXXII,
§ 3206(b)(1)(B)(i), (ii), Oct. 17, 2000, 114 Stat. 1194.
AMENDMENTS
2000—Subsec. (d). Pub. L. 106–310 added subsec. (d).
1991—Subsec. (a). Pub. L. 102–173, § 10(2), substituted
‘‘individuals with mental illness’’ for ‘‘mentally ill in-
dividuals’’ in three places.
Subsec. (c). Pub. L. 102–173, § 5, added subsec. (c).
1988—Subsec. (a)(2). Pub. L. 100–509, § 7(a), substituted
‘‘including, in particular, groups run by individuals
who have received or are receiving mental health serv-
ices, or the family members of such individuals, which’’
for ‘‘which, on May 23, 1986’’.
Subsec. (b)(2). Pub. L. 100–509, § 7(b)(1), substituted
‘‘10’’ for ‘‘5’’.
§ 10805. System requirements
(a) Authority; independent status; access to fa-
cilities and records; advisory council; annual
report; grievance procedure
A system established in a State under section
10803 of this title to protect and advocate the
rights of individuals with mental illness shall—
(1) have the authority to—
(A) investigate incidents of abuse and ne-
glect of individuals with mental illness if
the incidents are reported to the system
Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 10805
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.
Federal law — U.S. Code and appendices · legal_authorities
Page 2893
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 1395a
(i) shared savings and competitive bidding in FFS
Medicare;
(ii) use of MA-negotiated rates to set FFS Medicare
rates; and
(iii) novel approaches to information development
and sharing that may enable markets to lower cost and
improve quality for FFS Medicare beneficiaries.
SEC. 10. Reducing Obstacles to Improved Patient Care.
Within 1 year of the date of this order, the Secretary
shall propose regulatory changes to the Medicare pro-
gram to reduce the burden on providers and eliminate
regulations that create inefficiencies or otherwise un-
dermine patient outcomes.
SEC. 11. Maximizing Freedom for Medicare Patients and
Providers. (a) Within 180 days of the date of this order,
the Secretary, in coordination with the Commissioner
of Social Security, shall revise current rules or policies
to preserve the Social Security retirement insurance
benefits of seniors who choose not to receive benefits
under Medicare Part A, and propose other administra-
tive improvements to Medicare enrollment processes
for beneficiaries.
(b) Within 1 year of the date of this order, the Sec-
retary shall identify and remove unnecessary barriers
to private contracts that allow Medicare beneficiaries
to obtain the care of their choice and facilitate the de-
velopment of market-driven prices.
SEC. 12. General Provisions. (a) Nothing in this order
shall be construed to impair or otherwise affect:
(i) the authority granted by law to an executive de-
partment or agency, or the head thereof; or
(ii) the functions of the Director of the Office of Man-
agement and Budget relating to budgetary, administra-
tive, or legislative proposals.
(b) This order shall be implemented consistent with
applicable law and subject to the
Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 1395
Stored review status: historical_2024_not_currentness_verified. The source passage cites 42 U.S.C. § 1395. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
Page 4009
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 1396
of the enactment of this Act [Oct. 6, 2014], the Sec-
retary shall develop and report to Congress on a stra-
tegic plan for collecting or otherwise accessing data on
race and ethnicity for purposes of specifying quality
measures and resource use and other measures under
subsections (c) and (d) of section 1899B of the Social Se-
curity Act, as added by subsection (a), and, as the Sec-
retary determines appropriate, other similar provisions
of, including payment adjustments under, title XVIII of
such Act (42 U.S.C. 1395 et seq.).’’
SUBCHAPTER XIX—GRANTS TO STATES
FOR MEDICAL ASSISTANCE PROGRAMS
§ 1396. Medicaid and CHIP Payment and Access
Commission
(a) Establishment
There is hereby established the Medicaid and
CHIP Payment and Access Commission (in this
section referred to as ‘‘MACPAC’’).
(b) Duties
(1) Review of access policies for all States and
annual reports
MACPAC shall—
(A) review policies of the Medicaid pro-
gram established under this subchapter (in
this section referred to as ‘‘Medicaid’’) and
the State Children’s Health Insurance Pro-
gram established under subchapter XXI (in
this section referred to as ‘‘CHIP’’) affecting
access to covered items and services, includ-
ing topics described in paragraph (2);
(B) make recommendations to Congress,
the Secretary, and States concerning such
access policies;
(C) by not later than March 15 of each year
(beginning with 2010), submit a report to
Congress containing the results of such re-
views and MACPAC’s recommendations con-
cerning such policies; and
(D) by not later than June 15 of each year
(beginning with 2010), submit a report to
Congress
containing
an
examination
of
issues affecting Medicaid and CHIP, includ-
ing the impli
Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 1396
Stored review status: historical_2024_not_currentness_verified. The source passage cites 42 U.S.C. § 1396. This identifies an authority to review, not proof of applicability.