[Code of Federal Regulations]

[Title 42, Volume 1]

[Revised as of October 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 42CFR51.5]



[Page 153-154]

 

                         TITLE 42--PUBLIC HEALTH

 

    CHAPTER I--PUBLIC HEALTH SERVICE, DEPARTMENT OF HEALTH AND HUMAN 

                                SERVICES

 

PART 51_REQUIREMENTS APPLICABLE TO THE PROTECTION AND ADVOCACY FOR 

INDIVIDUALS WITH MENTAL ILLNESS PROGRAM--Table of Contents

 

                      Subpart A_Basic Requirements

 

Sec.  51.5  Eligibility for allotment.



    (a) Federal financial assistance for protection and advocacy 

activities for individuals with mental illness will be given only to a 

System that has been established under Part C of the Developmental 

Disabilities Assistance and Bill of Rights Act (42 U.S.C. 6041, et seq.) 

and designated in accordance with 45 CFR part 1386, subpart B.

    (b) The P&A system must meet the requirements of sections 105 and 

111 of the Act (42 U.S.C. 10805 and 10821) and that P&A system must be 

operational. Each system shall submit an application at the beginning of 

each PAIMI authorization period. This application



[[Page 154]]



shall contain at a minimum the program priorities and budget for the 

first year of the authorization period and the required assurances and 

certifications. Thereafter, the system shall submit yearly updates of 

the budget and program priorities for the upcoming fiscal year through 

its annual report.

    (c) Written assurances of compliance with sections 105 and 111 of 

the Act (42 U.S.C. 10805 and 10821) and other requirements of the Act 

and this part shall be submitted by the P&A system in the format 

designated by the Director. These assurances will remain in effect for 

the period specified in the application for funds unless changes occur 

within the State which affect the functioning of the P&A system, in 

which case an amendment will be required 30 days prior to the effective 

date of the change. The P&A system shall also provide the Department the 

name of the designated official.

    (d) The Governor's written assurance that the allotments made 

available under the Act will be used to supplement and not to supplant 

the level of non-Federal funds available in the State to protect and 

advocate the rights of individuals with mental illness shall be 

submitted by the P&A system. The Governor may provide this assurance 

along with the assurances provided to ADD under 45 CFR part 1386, as 

long as it can reasonably be construed as applying to the PAIMI program. 

Any future ``supplement and not supplant'' assurance shall explicitly 

refer to the PAIMI program.