Page:United States Statutes at Large Volume 102 Part 3.djvu/592

 102 STAT. 2544 State and local governments.

PUBLIC LAW 100-509—OCT. 20, 1988

"(c)(1)(A) Each system established in a State, through allotments received under section 103, to protect and advocate the rights of mentally ill individuals 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. "(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.". SEC. 5. ADVISORY COUNCIL REPORT.

Section 105(a)(7) (42 U.S.C. 10805(a)(7)) is amended by striking out the period and inserting in lieu thereof the following: ", including a section prepared by the advisory council that describes the activities of the council and its assessment of the operations of the system;". SEC. 6. ACCESS TO RECORDS.

(a) SYSTEM REQUIREMENT.—Section 105(a)(4)(B) (42 U.S.C. 10805(a)(4)(B)) is amended by striking out "any individual" and inserting in lieu thereof "any individual (including an individual who has died or whose whereabouts are unknown)". (b) DEFINITION OF RECORDS.—Section 106(b) (42 U.S.C. 10806(b)) is amended by adding at the end thereof the following new paragraph: "(3)(A) As used in this section, the term 'records includes reports prepared by any staff of a facility rendering care and treatment or reports prepared by an agency charged with investigating reports of incidents of abuse, neglect, and injury occurring at such facility that describe incidents of abuse, neglect, and injury occurring at such facility and the steps taken to investigate such incidents, and discharge planning records. "(B) An eligible system shall have access to the type of records described in subparagraph (A) in accordance with the provisions of subsection (a) and paragraphs (1) and (2) of subsection (b).". SEC. 7. MISCELLANEOUS PROVISIONS. Health and medical care.

(a) SUBCONTRACTING.—Section 104(a)(2) (42 U.S.C. 10804(a)(2)) is amended by striking out "which, on the date of enactment of this Act" and inserting in lieu thereof "including, in particular, groups run by individuals who have received or are receiving mental health services, or the family members of such individuals, which". (b) TECHNICAL ASSISTANCE LIMITATIONS.— (1) STATE ASSISTANCE.—Section 104(b)(2) (42 U.S.C. 10804(b)(2))

is amended by striking out "5 percent" and inserting in lieu thereof "10 percent".

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