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42 U.S.C. § 10603f (THE PUBLIC HEALTH AND WELFARE)
§ 10603f. Sexual assault survivors’ notification grants
(a) In general
The Attorney General may make grants as provided in section 10603(c)(1)(A) of this title to States to develop and disseminate to entities described in subsection (c)(1) of this section written notice of applicable rights and policies for sexual assault survivors.
(b) Notification of rights
Each recipient of a grant awarded under subsection (a) shall make its best effort to ensure that each entity described in subsection (c)(1) provides individuals who identify as a survivor of a sexual assault, and who consent to receiving such information, with written notice of applicable rights and policies regarding—
(1) the right not to be charged fees for or otherwise prevented from pursuing a sexual assault evidence collection kit;
(2) the right to have a sexual assault medical forensic examination regardless of whether the survivor reports to or cooperates with law enforcement;
(3) the availability of a sexual assault advocate;
(4) the availability of protective orders and policies related to their enforcement;
(5) policies regarding the storage, preservation, and disposal of sexual assault evidence collection kits;
(6) the process, if any, to request preservation of sexual assault evidence collection kits or the probative evidence from such kits; and
(7) the availability of victim compensation and restitution.
(c) Dissemination of written notice
Each recipient of a grant awarded under subsection (a) shall—
(1) provide the written notice described in subsection (b) to medical centers, hospitals, forensic examiners, sexual assault service providers, State and local law enforcement agencies, and any other State agency or department reasonably likely to serve sexual assault survivors; and
(2) make the written notice described in subsection (b) publicly available on the Internet website of the attorney general of the State.
(d) Provision to promote compliance
The Attorney General may provide such technical assistance and guidance as necessary to help recipients meet the requirements of this section.
(e) Integration of systems
Any system developed and implemented under this section may be integrated with an existing case management system operated by the recipient of the grant if the system meets the requirements listed in this section.
(Pub. L. 98–473, title II, § 1404F, as added Pub. L. 114–236, § 3, Oct. 7, 2016, 130 Stat. 967.)
42 U.S.C. § 10807 (THE PUBLIC HEALTH AND WELFARE)
§ 10807. Legal actions
(a) Prior to instituting any legal action in a Federal or State court on behalf of a 1 individual with mental illness, an eligible system, or a State agency or nonprofit organization which entered into a contract with an eligible system under section 10804(a) of this title, shall exhaust in a timely manner all administrative remedies where appropriate. If, in pursuing administrative remedies, the system, agency, or organization determines that any matter with respect to such individual will not be resolved within a reasonable time, the system, agency, or organization may pursue alternative remedies, including the initiation of a legal action.
(b) Subsection (a) does not apply to any legal action instituted to prevent or eliminate imminent serious harm to a 1 individual with mental illness.
(Pub. L. 99–319, title I, § 107, May 23, 1986, 100 Stat. 482; Pub. L. 102–173, § 10(1), Nov. 27, 1991, 105 Stat. 1219.)
heading: Amendments
text: 1991—Pub. L. 102–173 substituted “individual with mental illness” for “mentally ill individual” in subsecs. (a) and (b).
42 U.S.C. § 10824 (THE PUBLIC HEALTH AND WELFARE)
§ 10824. Reports by Secretary
(a) The Secretary shall include in each report required under section 15005 of this title a separate statement which contains—
(1) a description of the activities, accomplishments, and expenditures of systems to protect and advocate the rights of individuals with mental illness supported with payments from allotments under this subchapter, including—
(A) a specification of the total number of individuals with mental illness served by such systems;
(B) a description of the types of activities undertaken by such systems;
(C) a description of the types of facilities providing care or treatment with respect to which such activities are undertaken;
(D) a description of the manner in which such activities are initiated; and
(E) a description of the accomplishments resulting from such activities;
(2) a description of—
(A) systems to protect and advocate the rights of individuals with mental illness supported with payments from allotments under this subchapter;
(B) activities conducted by States to protect and advocate such rights;
(C) mechanisms established by residential facilities for individuals with mental illness to protect and advocate such rights; and
(D) the coordination among such systems, activities, and mechanisms;
(3) a specification of the number of systems established with allotments under this subchapter and of whether each such system was established by a public or nonprofit private entity; and
(4) recommendations for activities and services to improve the protection and advocacy of the rights of individuals with mental illness and a description of needs for such activities and services which have not been met by systems established under this subchapter.
(b) In preparing each statement required by subsection (a), the Secretary shall use and include information submitted to the Secretary in the reports required under section 10805(a)(7) of this title.
(Pub. L. 99–319, title I, § 114, May 23, 1986, 100 Stat. 484; Pub. L. 102–173, § 10(2), Nov. 27, 1991, 105 Stat. 1219; Pub. L. 106–402, title IV, § 401(b)(13)(B), Oct. 30, 2000, 114 Stat. 1739.)
heading: Amendments
text: 2000—Subsec. (a). Pub. L. 106–402 substituted “section 15005 of this title” for “section 6006(c) of this title” in introductory provisions.
1991—Subsec. (a). Pub. L. 102–173 substituted “individuals with mental illness” for “mentally ill individuals” wherever appearing.
42 U.S.C. § 10826 (THE PUBLIC HEALTH AND WELFARE)
§ 10826. Administration
(a) In general
The Secretary shall carry out this subchapter through the Administrator of the Substance Abuse and Mental Health Services Administration.
(b) Regulations
Not later than 6 months after November 27, 1991, the Secretary shall promulgate final regulations to carry out this subchapter and subchapter IIIr.
(Pub. L. 99–319, title I, § 116, May 23, 1986, 100 Stat. 485; Pub. L. 102–173, § 9, Nov. 27, 1991, 105 Stat. 1219; Pub. L. 102–321, title I, § 163(c)(3)(B), July 10, 1992, 106 Stat. 377.)
heading: Amendments
text: 1992—Subsec. (a). Pub. L. 102–321 substituted “the Substance Abuse and Mental Health Services Administration” for “the Alcohol, Drug Abuse, and Mental Health Administration”.
1991—Pub. L. 102–173 designated existing provisions as subsec. (a), inserted heading, and added subsec. (b).
heading: Effective Date of 1992 Amendment
text: Amendment by Pub. L. 102–321 effective Oct. 1, 1992, see section 801(c) of Pub. L. 102–321, set out as a note under section 236 of this title.
42 U.S.C. § 10851 (THE PUBLIC HEALTH AND WELFARE)
§ 10851. Construction of subchapters I and II; “individual with mental illness” defined
(a) Subchapters I and II shall not be construed as establishing any new rights for individuals with mental illness.
(b) For purposes of this section, the term “individual with mental illness” has the same meaning as in section 10802(3) 1 of this title.
(Pub. L. 99–319, title III, § 301, May 23, 1986, 100 Stat. 489; Pub. L. 102–173, § 10, Nov. 27, 1991, 105 Stat. 1219.)
heading: References in Text
text: Section 10802(3) of this title, referred to in subsec. (b), was redesignated section 10802(4) of this title by Pub. L. 102–173, § 4(1), Nov. 27, 1991, 105 Stat. 1217.
heading: Amendments
text: 1991—Pub. L. 102–173, substituted “individuals with mental illness” for “mentally ill individuals” in subsec. (a) and “individual with mental illness” for “mentally ill individual” in subsec. (b).
42 U.S.C. § 11041 (THE PUBLIC HEALTH AND WELFARE)
§ 11041. Relationship to other law
(a) In general
Nothing in this chapter shall—
(1) preempt any State or local law,
(2) except as provided in subsection (b), otherwise affect any State or local law or the authority of any State or local government to adopt or enforce any State or local law, or
(3) affect or modify in any way the obligations or liabilities of any person under other Federal law.
(b) Effect on MSDS requirements
Any State or local law enacted after August 1, 1985, which requires the submission of a material safety data sheet from facility owners or operators shall require that the data sheet be identical in content and format to the data sheet required under subsection (a) of section 11021 of this title. In addition, a State or locality may require the submission of information which is supplemental to the information required on the data sheet (including information on the location and quantity of hazardous chemicals present at the facility), through additional sheets attached to the data sheet or such other means as the State or locality considers appropriate.
(Pub. L. 99–499, title III, § 321, Oct. 17, 1986, 100 Stat. 1747.)
42 U.S.C. § 11044 (THE PUBLIC HEALTH AND WELFARE)
§ 11044. Public availability of plans, data sheets, forms, and followup notices
(a) Availability to public
Each emergency response plan, material safety data sheet, list described in section 11021(a)(2) of this title, inventory form, toxic chemical release form, and followup emergency notice shall be made available to the general public, consistent with section 11042 of this title, during normal working hours at the location or locations designated by the Administrator, Governor, State emergency response commission, or local emergency planning committee, as appropriate. Upon request by an owner or operator of a facility subject to the requirements of section 11022 of this title, the State emergency response commission and the appropriate local emergency planning committee shall withhold from disclosure under this section the location of any specific chemical required by section 11022(d)(2) of this title to be contained in an inventory form as tier II information.
(b) Notice of public availability
Each local emergency planning committee shall annually publish a notice in local newspapers that the emergency response plan, material safety data sheets, and inventory forms have been submitted under this section. The notice shall state that followup emergency notices may subsequently be issued. Such notice shall announce that members of the public who wish to review any such plan, sheet, form, or followup notice may do so at the location designated under subsection (a).
(Pub. L. 99–499, title III, § 324, Oct. 17, 1986, 100 Stat. 1752.)
42 U.S.C. § 11131 (THE PUBLIC HEALTH AND WELFARE)
§ 11131. Requiring reports on medical malpractice payments
(a) In general
Each entity (including an insurance company) which makes payment under a policy of insurance, self-insurance, or otherwise in settlement (or partial settlement) of, or in satisfaction of a judgment in, a medical malpractice action or claim shall report, in accordance with section 11134 of this title, information respecting the payment and circumstances thereof.
(b) Information to be reported
The information to be reported under subsection (a) includes—
(1) the name of any physician or licensed health care practitioner for whose benefit the payment is made,
(2) the amount of the payment,
(3) the name (if known) of any hospital with which the physician or practitioner is affiliated or associated,
(4) a description of the acts or omissions and injuries or illnesses upon which the action or claim was based, and
(5) such other information as the Secretary determines is required for appropriate interpretation of information reported under this section.
(c) Sanctions for failure to report
Any entity that fails to report information on a payment required to be reported under this section shall be subject to a civil money penalty of not more than $10,000 for each such payment involved. Such penalty shall be imposed and collected in the same manner as civil money penalties under subsection (a) of section 1320a–7a of this title are imposed and collected under that section.
(d) Report on treatment of small payments
The Secretary shall study and report to Congress, not later than two years after November 14, 1986, on whether information respecting small payments should continue to be required to be reported under subsection (a) and whether information respecting all claims made concerning a medical malpractice action should be required to be reported under such subsection.
(Pub. L. 99–660, title IV, § 421, Nov. 14, 1986, 100 Stat. 3788.)
42 U.S.C. § 11132 (THE PUBLIC HEALTH AND WELFARE)
§ 11132. Reporting of sanctions taken by Boards of Medical Examiners
(a) In general
(1) Actions subject to reporting
Each Board of Medical Examiners—
(A) which revokes or suspends (or otherwise restricts) a physician’s license or censures, reprimands, or places on probation a physician, for reasons relating to the physician’s professional competence or professional conduct, or
(B) to which a physician’s license is surrendered,
shall report, in accordance with section 11134 of this title, the information described in paragraph (2).
(2) Information to be reported
The information to be reported under paragraph (1) is—
(A) the name of the physician involved,
(B) a description of the acts or omissions or other reasons (if known) for the revocation, suspension, or surrender of license, and
(C) such other information respecting the circumstances of the action or surrender as the Secretary deems appropriate.
(b) Failure to report
If, after notice of noncompliance and providing opportunity to correct noncompliance, the Secretary determines that a Board of Medical Examiners has failed to report information in accordance with subsection (a), the Secretary shall designate another qualified entity for the reporting of information under section 11133 of this title.
(Pub. L. 99–660, title IV, § 422, Nov. 14, 1986, 100 Stat. 3789.)
42 U.S.C. § 11133 (THE PUBLIC HEALTH AND WELFARE)
§ 11133. Reporting of certain professional review actions taken by health care entities
(a) Reporting by health care entities
(1) On physicians
Each health care entity which—
(A) takes a professional review action that adversely affects the clinical privileges of a physician for a period longer than 30 days;
(B) accepts the surrender of clinical privileges of a physician—
(i) while the physician is under an investigation by the entity relating to possible incompetence or improper professional conduct, or
(ii) in return for not conducting such an investigation or proceeding; or
(C) in the case of such an entity which is a professional society, takes a professional review action which adversely affects the membership of a physician in the society,
shall report to the Board of Medical Examiners, in accordance with section 11134(a) of this title, the information described in paragraph (3).
(2) Permissive reporting on other licensed health care practitioners
A health care entity may report to the Board of Medical Examiners, in accordance with section 11134(a) of this title, the information described in paragraph (3) in the case of a licensed health care practitioner who is not a physician, if the entity would be required to report such information under paragraph (1) with respect to the practitioner if the practitioner were a physician.
(3) Information to be reported
The information to be reported under this subsection is—
(A) the name of the physician or practitioner involved,
(B) a description of the acts or omissions or other reasons for the action or, if known, for the surrender, and
(C) such other information respecting the circumstances of the action or surrender as the Secretary deems appropriate.
(b) Reporting by Board of Medical Examiners
Each Board of Medical Examiners shall report, in accordance with section 11134 of this title, the information reported to it under subsection (a) and known instances of a health care entity’s failure to report information under subsection (a)(1).
(c) Sanctions
(1) Health care entities
A health care entity that fails substantially to meet the requirement of subsection (a)(1) shall lose the protections of section 11111(a)(1) of this title if the Secretary publishes the name of the entity under section 11111(b) of this title.
(2) Board of Medical Examiners
If, after notice of noncompliance and providing an opportunity to correct noncompliance, the Secretary determines that a Board of Medical Examiners has failed to report information in accordance with subsection (b), the Secretary shall designate another qualified entity for the reporting of information under subsection (b).
(d) References to Board of Medical Examiners
Any reference in this subchapter to a Board of Medical Examiners includes, in the case of a Board in a State that fails to meet the reporting requirements of section 11132(a) of this title or subsection (b), a reference to such other qualified entity as the Secretary designates.
(Pub. L. 99–660, title IV, § 423, Nov. 14, 1986, 100 Stat. 3789.)
42 U.S.C. § 11134 (THE PUBLIC HEALTH AND WELFARE)
§ 11134. Form of reporting
(a) Timing and form
The information required to be reported under sections 11131, 11132(a), and 11133 of this title shall be reported regularly (but not less often than monthly) and in such form and manner as the Secretary prescribes. Such information shall first be required to be reported on a date (not later than one year after November 14, 1986) specified by the Secretary.
(b) To whom reported
The information required to be reported under sections 11131, 11132(a), and 11133(b) of this title shall be reported to the Secretary, or, in the Secretary’s discretion, to an appropriate private or public agency which has made suitable arrangements with the Secretary with respect to receipt, storage, protection of confidentiality, and dissemination of the information under this subchapter.
(c) Reporting to State licensing boards
(1) Malpractice payments
Information required to be reported under section 11131 of this title shall also be reported to the appropriate State licensing board (or boards) in the State in which the medical malpractice claim arose.
(2) Reporting to other licensing boards
Information required to be reported under section 11133(b) of this title shall also be reported to the appropriate State licensing board in the State in which the health care entity is located if it is not otherwise reported to such board under subsection (b).
(Pub. L. 99–660, title IV, § 424, Nov. 14, 1986, 100 Stat. 3790.)
42 U.S.C. § 11135 (THE PUBLIC HEALTH AND WELFARE)
§ 11135. Duty of hospitals to obtain information
(a) In general
It is the duty of each hospital to request from the Secretary (or the agency designated under section 11134(b) of this title), on and after the date information is first required to be reported under section 11134(a) of this title)— 1
(1) at the time a physician or licensed health care practitioner applies to be on the medical staff (courtesy or otherwise) of, or for clinical privileges at, the hospital, information reported under this subchapter concerning the physician or practitioner, and
(2) once every 2 years information reported under this subchapter concerning any physician or such practitioner who is on the medical staff (courtesy or otherwise) of, or has been granted clinical privileges at, the hospital.
A hospital may request such information at other times.
(b) Failure to obtain information
With respect to a medical malpractice action, a hospital which does not request information respecting a physician or practitioner as required under subsection (a) is presumed to have knowledge of any information reported under this subchapter to the Secretary with respect to the physician or practitioner.
(c) Reliance on information provided
Each hospital may rely upon information provided to the hospital under this chapter and shall not be held liable for such reliance in the absence of the hospital’s knowledge that the information provided was false.
(Pub. L. 99–660, title IV, § 425, Nov. 14, 1986, 100 Stat. 3790.)
42 U.S.C. § 11271 (THE PUBLIC HEALTH AND WELFARE)
§ 11271. Research program and plan
(a) Grants for research
The Administrator of the Centers for Medicare & Medicaid Services shall conduct, or make grants for the conduct of, research relevant to appropriate services for individuals with Alzheimer’s disease and related dementias and their families.
(b) Preparation of plan; contents; revision
(1) Within 6 months after November 14, 1986, the Administrator of the Centers for Medicare & Medicaid Services shall prepare and transmit to the Chairman of the Council a plan for research to be conducted under (a).1 The plan shall—
(A) provide for a determination of the types of services required by individuals with Alzheimer’s disease and related dementias and their families to allow such individuals to remain living at home or in a community-based setting;
(B) provide for a determination of the costs of providing needed services to individuals with Alzheimer’s disease and related dementias and their families, including the expenditures for institutional, home, and community-based services and the source of payment for such expenditures;
(C) provide for an assessment of the adequacy of benefits provided through the Medicare and Medicaid programs and through private health insurance for needed services for individuals with Alzheimer’s disease and related dementias and their families; and
(D) provide for a determination of the costs to the Medicare and Medicaid programs and to private health insurers (if available) of providing covered benefits to individuals with Alzheimer’s disease and related dementias and their families.
(2) Within one year after transmitting the plan required under paragraph (1), and annually thereafter, the Administrator of the Centers for Medicare & Medicaid Services shall prepare and transmit to the Chairman of the Council such revisions of such plan as the Administrator considers appropriate.
(c) Consultation for preparation and revision of plan
In preparing and revising the plan required by subsection (b), the Administrator of the Centers for Medicare & Medicaid Services shall consult with the Chairman of the Council and the heads of agencies within the Department.
(Pub. L. 99–660, title IX, § 937, formerly § 949A, Nov. 14, 1986, 100 Stat. 3812; renumbered § 937, Pub. L. 100–607, title I, § 142(c)(2)(B), Nov. 4, 1988, 102 Stat. 3057; amended Pub. L. 108–173, title IX, § 900(e)(5)(B), Dec. 8, 2003, 117 Stat. 2373.)
heading: Amendments
text: 2003—Subsec. (a). Pub. L. 108–173, § 900(e)(5)(B)(i), substituted “Centers for Medicare & Medicaid Services” for “National Health Care Financing Administration”.
Subsec. (b)(1). Pub. L. 108–173, § 900(e)(5)(B)(ii), substituted “Centers for Medicare & Medicaid Services” for “Health Care Financing Administration” in introductory provisions.
Subsecs. (b)(2), (c). Pub. L. 108–173, § 900(e)(5)(B)(iii), (iv), substituted “Centers for Medicare & Medicaid Services” for “Health Care Financing Administration”.