Page:United States Statutes at Large Volume 112 Part 2.djvu/263

 PUBLIC LAW 105-220—AUG. 7, 1998 112 STAT. 1147 does not apply, to any State to which subparagraph (A) applies. "(7) IMPACT ON PROVISION OF SERVICES.— Unless the individual with a disability so requests, or, in an appropriate case, the individual's representative, so requests, pending a decision by a mediator, hearing officer, or reviewing officer under this subsection, the designated State unit shall not institute a suspension, reduction, or termination of services being provided for the individual, including evaluation and assessment services and plan development, unless such services have been obtained through misrepresentation, fraud, collusion, or criminal conduct on the part of the individual, or the individual's representative. "(8) INFORMATION COLLECTION AND REPORT.— "(A) IN GENERAL.— The Director of the designated State unit shall collect information described in subparagraph (B) and prepare and submit to the Commissioner a report containing such information. The Commissioner shall prepare a summary of the information furnished under this paragraph and include the summary in the annual report submitted under section 13. The Commissioner shall also collect copies of the final decisions of impartial hearing officers conducting hearings under this subsection and State officials conducting reviews under this subsection. "(B) INFORMATION.— The information required to be collected under this subsection includes— "(i) a copy of the standards used by State reviewing officials for reviewing decisions made by impartial hearing officers under this subsection; "(ii) information on the number of hearings and reviews sought from the impartial hearing officers and the State reviewing officials, including the type of complaints and the issues involved; "(iii) information on the number of hearing decisions made under this subsection that were not reviewed by the State reviewing officials; and "(iv) information on the number of the hearing decisions that were reviewed by the State reviewing officials, and, based on such reviews, the number of hearing decisions that were— "(I) sustained in favor of an applicant or eligible individual; "(II) sustained in favor of the designated State unit; "(III) reversed in whole or in part in favor of the applicant or eligible individual; and "(IV) reversed in whole or in part in favor of the designated State unit. "(C) CONFIDENTIALITY.—The confidentiality of records of applicants and eligible individuals maintained by the designated State unit shall not preclude the access of the Commissioner to those records for the purposes described in subparagraph (A). "(d) POLICIES AND PROCEDURES. — Each designated State agency, in consultation with the State Rehabilitation Council, if the State has such a council, shall, consistent with section 100(a)(3)(C), develop and implement written policies and procedures that enable

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