Requirements Applicable to Protection and Advocacy of Individuals With Mental Illness; Notice of Proposed Rulemaking

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The 1991 Protection and Advocacy for Individuals with Mental Illness (PAIMI) Act reauthorization stipulated that the Secretary shall promulgate regulations for the implementation of authorized activities of the Protection and Advocacy (P&A) Systems. Thus, this rule proposes regulations to implement Titles I and III of the PAIMI Act of 1986, as amended and will govern the authorized activities carried out by the Protection and Advocacy Systems to protect and advocate the rights of individuals with mental illness. Authorized activities include investigation of incidents of abuse and neglect and the pursuit of legal, administrative and other appropriate remedies to ensure the protection of the rights of individuals with mental illness in facilities providing care or treatment. In accordance with the provisions set forth, the system must be given access to records, facilities and individuals with mental illness. Each designated system must have a governing authority or board whose members broadly represent and are knowledgeable about the needs of its clients. In addition, the system must establish an advisory council to the PAIMI program. PAIMI program priorities are developed by the g