Page:United States Statutes at Large Volume 114 Part 3.djvu/618

 114 STAT. 1716 PUBLIC LAW 106-402—OCT. 30, 2000 (IV) such system has offered assistance to such representative to resolve the situation; and (V) such representative has failed or refused to act on behalf of the individual; (J)(i) have access to the records of individuals described in subparagraphs (B) and (I), and other records that are relevant to conducting an investigation, under the circumstances described in those subparagraphs, not later than 3 business days after the system makes a written request for the records involved; and (ii) have immediate access, not later than 24 hours after the system makes such a request, to the records without consent from another party, in a situation in which services, supports, and other assistance are provided to an individual with a developmental disability— (I) if the system determines there is probable cause to believe that the health or safety of the individual is in serious and immediate jeopardy; or (II) in any case of death of an individual with a developmental disability; (K) hire and maintain sufficient numbers and tj^es of staff (qualified by training and experience) to carry out such system's functions, except that the State involved shall not apply hiring freezes, reductions in force, prohibitions on travel, or other policies to the staff of the system, to the extent that such policies would impact the staff or functions of the system funded with Federal funds or would prevent the system from carrying out the functions of the system under this subtitle; (L) have the authority to educate policymakers; and (M) provide assurances to the Secretary that funds allotted to the State under section 142 will be used to supplement, and not supplant, the non-Federal funds that would otherwise be made available for the purposes for which the allotted funds are provided; (3) to the extent that information is available, the State shall provide to the system— (A) a copy of each independent review, pursuant to section 1902(a)(30XC) of the Social Security Act (42 U.S.C. 1396a(a)(30)(C)), ^ an Intermediate Care Facility (Mental Retardation) within the State, not later than 30 days after the availability of such a review; and (B) information about the adequacy of health care and other services, supports, and assistance that individuals with developmental disabilities who are served through home and community-based waivers (authorized under section 1915(c) of the Social Security Act (42 U.S.C. 1396n(c))) receive; and (4) the agency implementing the system shall not be redesignated unless— (A) there is good cause for the redesignation; (B) the State has given the agency notice of the intention to make such redesignation, including notice regarding the good cause for such redesignation, and given the agency an opportunity to respond to the assertion that good cause has been shown;

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