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S 2393 - 100

Protection and Advocacy for Mentally Ill Individuals Amendments Act of 1988

Became Public Law No: 100-509.

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Summary

39 Senate agreed to House amendment with amendment Apr 3, 2004

(Senate agreed to House amendments with an amendment) Protection and Advocacy for Mentally Ill Individuals Amendments Act of 1988 - Amends the Protection and Advocacy for Mentally Ill Individuals Act of 1986 to redefine the terms "abuse" and "neglect" to include acts which result in the death of a mentally ill individual. Includes within such Act's coverage persons who are in the process of being admitted to a facility for care or treatment (including during transport to the facility) or who are involuntarily confined in a municipal detention facility for reasons other than a criminal conviction. States that "neglect" includes the failure to maintain adequate numbers of appropriately trained staff. Requires that each system established in a State, under provisions of such Act, to protect and advocate the rights of mentally ill individuals have a governing authority. Sets forth requirements for the composition of certain State governing authorities. Makes an authority responsible for the planning, design, implementation, and functioning of the system and for developing, jointly with the system advisory council, the annual priorities of the system. Requires each system to include in its annual report to the Secretary of Health and Human Services a section prepared by the advisory council that describes the activities of the council and its assessment of the operations of the system. Grants the system access to: (1) all records of any individual who has died or whose whereabouts are unknown; (2) reports prepared by any staff of a facility rendering care or treatment; (3) reports prepared by an agency charged with investigating reports of abuse, neglect, or injury; and (4) discharge planning records. Encourages systems to consider subcontracting with: (1) groups run by individuals who are receiving mental health services; and (2) family members of the mentally ill. Increases the percentage of funds which may be used by systems for training and technical assistance. Limits the percentage of appropriated funds which may be used by the Secretary to provide technical assistance for eligible systems. Requires each eligible system to: (1) provide the public with an annual opportunity to comment on the priorities and activities of the system; and (2) establish a grievance procedure for clients and prospective clients of the system. Requires that an application for an allotment for a protection and advocacy system, and the application's required assurances, remain in effect for three years. Revises the formula for determination of the amount of allotments. Authorizes appropriations for FY 1989 through 1991 for allotments under such Act.

36 Passed House amended Apr 3, 2004

(Measure passed House, amended, in lieu of H.R. 5155) Protection and Advocacy for Mentally Ill Individuals Amendments Act of 1988 - Amends the Protection and Advocacy for Mentally Ill Individuals Act of 1986 to redefine the terms "abuse" and "neglect" to include acts which result in the death of a mentally ill individual. Includes within such Act's coverage persons who are in the process of being transported to a facility for admission or who are involuntarily confined in a municipal detention facility for reasons other than a criminal conviction. Sets forth requirements for the responsibilities and composition of State governing boards. Makes State governing boards responsible for: (1) developing, jointly with the system advisory council, the annual priorities of the system established to protect and advocate the rights of the mentally ill; and (2) the planning, design, implementation, and functioning of the system. Includes among the responsibilities of the system advisory council giving advice on ongoing policies and priorities and annual plans, priorities, and reports. Requires each system to include in its annual report to the Secretary of Health and Human Services a section prepared by the advisory council that describes the activities of the council and its assessment of the operations of the system. Grants the system access to all records of any individual who has died or whose whereabouts are unknown. Encourages systems to consider subcontracting with: (1) groups run by individuals who are receiving mental health services; and (2) family members of the mentally ill. Increases the percentage of funds which may be used by systems for training and technical assistance. Limits the percentage of appropriated funds which may be used by the Secretary to provide technical assistance for eligible systems. Requires each eligible system to: (1) provide the public with a mechanism to comment on the priorities and activities of the system; and (2) establish a grievance procedure for clients and prospective clients of the system. Authorizes appropriations for FY 1989 through 1991 for allotments under such Act.

35 Passed Senate amended Apr 3, 2004

(Measure passed Senate, amended) Protection and Advocacy for Mentally Ill Individuals Amendments Act of 1988 - Amends the Protection and Advocacy for Mentally Ill Individuals Act of 1986 to redefine the terms "abuse" and "neglect" to include acts which result in the death of a mentally ill individual. States that "neglect" includes the failure to maintain adequate numbers of appropriately trained staff. Includes within such Act's coverage persons who are in the process of being admitted to a facility for care or treatment. Sets forth requirements for the composition of State governing boards. (State governing boards are responsible for the planning, design, implementation, and functioning of the system established to protect and advocate the rights of the mentally ill.) Requires each system to include in its annual report to the Secretary of Health and Human Services a section prepared by the advisory council that describes the activities of the council and its assessment of the operations of the system. Directs the Comptroller General to prepare a report that: (1) identifies whether mentally ill individuals held in jails are subjected to abuse and neglect; (2) describes the extent to which mentally ill individuals are being inappropriately confined in prisons or jails; (3) describes model programs designed to divert such individuals to appropriate mental health programs; and (4) describes the extent to which public defenders have knowledge of or training regarding the special needs of the mentally ill. Encourages systems to consider subcontracting with: (1) groups run by individuals who are receiving mental health services; and (2) family members of the mentally ill. Increases the percentage of funds which may be used by systems for training and technical assistance. Limits the percentage of appropriated funds which may be used by the Secretary to provide technical assistance for eligible systems. Requires each eligible system to: (1) provide the public with an opportunity to comment on the priorities and activities of the system; and (2) establish a grievance procedure for clients and prospective clients of the system. Modifies the allotment formula. Authorizes appropriations for FY 1989 through 1991 for allotments under such Act.

01 Reported to Senate with amendment(s) Apr 3, 2004

(Reported to Senate from the Committee on Labor and Human Resources with amendment, S. Rept. 100-454) Protection and Advocacy for Mentally Ill Individuals Amendments Act of 1988 - Amends the Protection and Advocacy for Mentally Ill Individuals Act of 1986 to redefine the terms "abuse" and "neglect" to include acts which result in the death of a mentally ill individual. States that "neglect" includes the failure to maintain adequate numbers of appropriately trained staff. Includes within such Act's coverage persons who are in the process of being admitted to a facility for care or treatment. Sets forth requirements for the composition of State governing boards. (State governing boards are responsible for the planning, design, implementation, and functioning of the system established to protect and advocate the rights of the mentally ill.) Requires each system to include in its annual report to the Secretary of Health and Human Services a section prepared by the advisory council that describes the activities of the council and its assessment of the operations of the system. Directs the Comptroller General to prepare a report that: (1) identifies whether mentally ill individuals held in jails are subjected to abuse and neglect; (2) describes the extent to which mentally ill individuals are being inappropriately confined in prisons or jails; (3) describes model programs designed to divert such individuals to appropriate mental health programs; and (4) describes the extent to which public defenders have knowledge of or training regarding the special needs of the mentally ill. Encourages systems to consider subcontracting with: (1) groups run by individuals who are receiving mental health services; and (2) family members of the mentally ill. Increases the percentage of funds which may be used by systems for training and technical assistance. Limits the percentage of appropriated funds which may be used by the Secretary to provide technical assistance for eligible systems. Requires each eligible system to: (1) provide the public with an opportunity to comment on the priorities and activities of the system; and (2) establish a grievance procedure for clients and prospective clients of the system. Modifies the allotment formula. Authorizes appropriations for FY 1989 through 1991 for allotments under such Act.

00 Introduced in Senate Apr 3, 2004

Protection and Advocacy for Mentally Ill Individuals Amendments Act of 1988 - Amends the Protection and Advocacy for Mentally Ill Individuals Act of 1986 to redefine the terms "abuse" and "neglect" to include acts which result in the death of a mentally ill individual. Includes within such Act's coverage persons who are in the process of being admitted to a facility for care or treatment. Sets forth requirements for the composition of State governing boards. (State governing boards are responsible for the planning, design, implementation, and functioning of the system established to protect and advocate the rights of the mentally ill.) Requires each system to include in its annual report to the Secretary of Health and Human Services a section prepared by the advisory council that describes the activities of the council and its assessment of the operations of the system. Directs the Comptroller General to prepare a report that: (1) identifies whether mentally ill individuals held in jails are subjected to abuse and neglect; (2) describes the extent to which mentally ill individuals are being inappropriately confined in prisons or jails; (3) describes model programs designed to divert such individuals to appropriate mental health programs; and (4) describes the extent to which public defenders have knowledge of or training regarding the special needs of the mentally ill. Encourages systems to consider subcontracting with: (1) groups run by individuals who are receiving mental health services; and (2) family members of the mentally ill. Increases the percentage of funds which may be used by systems for training and technical assistance. Limits the percentage of appropriated funds which may be used by the Secretary to provide technical assistance for eligible systems. Requires each eligible system to: (1) provide the public with an opportunity to comment on the priorities and activities of the system; and (2) establish a grievance procedure for

Sponsors

Timeline

Oct 20, 1988

Signed by President.

Oct 20, 1988

Signed by President.

Oct 20, 1988

Became Public Law No: 100-509.

Oct 20, 1988

Became Public Law No: 100-509.

Oct 13, 1988

Measure Signed in Senate.

Oct 13, 1988

Presented to President.

Oct 13, 1988

Presented to President.

Oct 5, 1988

Resolving differences -- House actions: House Agreed to Senate Amendments to House Amendments by Voice Vote.

Oct 5, 1988

House Agreed to Senate Amendments to House Amendments by Voice Vote.

Oct 5, 1988

Resolving differences -- House actions: House Receded From its Amendments.

Oct 5, 1988

House Receded From its Amendments.

Oct 4, 1988

Resolving differences -- Senate actions: Senate concurred in the House amendments with an amendment (SP 3402) by Voice Vote.

Oct 4, 1988

Senate concurred in the House amendments with an amendment (SP 3402) by Voice Vote.

Oct 4, 1988

Measure laid before Senate by unanimous consent.

Oct 4, 1988

Resolving differences -- Senate actions: Senate disagreed to the amendment of the House to the title by Voice Vote.

Oct 4, 1988

Senate disagreed to the amendment of the House to the title by Voice Vote.

Sep 22, 1988

Message on House action received in Senate and held at desk: House amendments to Senate bill.

Sep 20, 1988

Called up by House by Unanimous Consent.

Sep 20, 1988

Passed/agreed to in House: Passed House (Amended) by Voice Vote.

Sep 20, 1988

Passed House (Amended) by Voice Vote.

Sep 20, 1988

House Incorporated H.R.5155 in This Measure as an Amendment.

Aug 9, 1988

Passed/agreed to in Senate: Passed Senate with amendments by Voice Vote.

Aug 9, 1988

Passed Senate with amendments by Voice Vote.

Aug 5, 1988

Committee on Labor and Human Resources. Reported to Senate by Senator Kennedy with amendments. With written report No. 100-454.

Aug 5, 1988

Committee on Labor and Human Resources. Reported to Senate by Senator Kennedy with amendments. With written report No. 100-454.

Aug 5, 1988

Placed on Senate Legislative Calendar under General Orders. Calendar No. 870.

Jun 22, 1988

Committee on Labor and Human Resources. Ordered to be reported with amendments favorably.

May 25, 1988

Committee on Labor and Human Resources requested executive comment from Health and Human Services Department, OMB, GAO, Labor Department.

May 13, 1988

Introduced in Senate

May 13, 1988

Read twice and referred to the Committee on Labor and Human Resources.

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