Page:United States Statutes at Large Volume 92 Part 3.djvu/786

 92 STAT. 3418 Reports.

State mental health authority, duties.

42 USC 2689t.

Consultation with Labor Secretary.

State authority, annual review of activities.

PUBLIC LAW 95-622—NOV. 9, 1978 "'

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"(ii) from time to time, but not less often than annually, report to the Secretary (through a uniform national reporting system and by such categories as the Secretary may prescribe) a description of the mental health services provided in the State in the fiscal year for which the grant applied for is made and the amount of funds obligated in such fiscal year for the provision of each such category of services; and "(iii) make such reports (in such form and containing such information as the Secretary may prescribe) as the Secretary may reasonably require, and keep such records and afford such access thereto as the Secretary may find necessary to assure the correctness of, and to verify, such reports; "(D) the State mental health authority will— "(i) perform the duties prescribed by section 237 of the Community Mental Health Centers Act; "(ii) prescribe and provide for the enforcement of minimum standards for the maintenance and operation of mental health programs and facilities (including community mental health centers) within the State; "(iii) provide for assistance to courts and other public 'agencies and to appropriate private agencies to facilitate (I) screening by community mental health centers (or, if there are no such centers, other appropriate entities) of residents of the State who are being considered for inpatient care in a mental health facility to determine if such care is necessary, and (II) provision of followup care by community mental health centers (or, if there are no such centers, by other appropriate entities) for residents of the State who have been discharged from mental health facilities; and " (iv) establish and carry out a plan which— " (I) is designed to eliminate inappropriate placement in institutions of persons with mental health problems, to insure the availability of appropriate noninstitutional services for such persons, and to improve the quality of care for those with mental health problems for whom institutional care is appropriate, and " ( II) shall include fair and equitable arrangements (as determined by the Secretary after consultation with the Secretary of Labor) to protect the interests of ,. employees affected by actions described in subclause (I), including arrangements designed to preserve employee ,.;r ' rights and benefits and to provide training and retraining of such employees where necessary and arrangements under which maximum effort will be made to guarantee the employment of such employees. "(3)(A) The Secretary shall review annually the activities undertaken by each State mental health authority with an approved application to determine if it complied with the assurances provided with the application. The Secretary may not approve an application submitted under paragraph (2) if the Secretary determines— " (i) the State for which the application was submitted did not comply with assurances provided with a prior application under paragraph (2), and "(ii) he cannot be assured that the State will comply with the assurances provided with the application under consideration.

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