Page:United States Statutes at Large Volume 100 Part 1.djvu/518

 100 STAT. 482

PUBLIC LAW 99-319—MAY 23, 1986

(ii) an individual who has a legal guardian, conservator, or other legal representative other than the State if such guardian, conservator, or representative does not, within a reasonable time after such individual is denied access to information under paragraph (1), select a mental health professional under subparagraph (A) to review such information. (C) If the laws of a State prohibit an eligible system from obtaining access to the records of mentally ill individuals in accordemce with section 105(a)(4) and this section, section 105(a)(4) and this section shall not apply to such S3rstem before— (i) the date such system is no longer subject to such a prohibition; or (ii) the expiration of the 2-year period beginning on the date of the enactment of this Act, whichever occurs first. LEGAL ACTIONS State and local governments. Contracts. 42 USC 10807.

SEC. 107. (a) Prior to instituting any legal action in a Federal or State court on behalf of a mentally ill individual, an eligible system, or a State agency or nonprofit organization which entered into a contract with an eligible system under section 104(a), shall exhaust in a timely manner all administrative remedies where appropriate. If, in pursuing administrative remedies, the system, agency, or organization determines that any matter with respect to such individual will not be resolved within a reasonable time, the system, agency, or organization may pursue alternative remedies, including the initiation of a legal action. (b) Subsection (a) does not apply to any legal action instituted to prevent or eliminate imminent serious harm to a mentally ill individual. PART B—ADMINISTRATIVE PROVISIONS APPLICATIONS

42 USC 10821. State and local governments.

State and local governments. Contracts.

SEC. 111. NO allotment may be made under this title 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 title 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 mentally ill individuals; (2) assurances that such system will have a staff which is trained or being trained to provide advocacy services to mentally ill individuals; (3) assurances that such system, and any State agency or nonprofit organization with which such system may enter into a contract under section 104(a), 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.

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