PUBLIC LAW 96-398—OCT. 7, 1980
94 STAT. 1589
developed in consultation with a case manager in the community mental health center or other appropriate entity in the mental health service area in which such individual will or does reside. Such plan shall— (I) to the maximum extent feasible, be developed with the participation of the individual discharged or diverted and the family of such individual; (II) include appropriate living arrangements suited to the needs of the individual, and, if the individual resides or is to reside in a residence in which there are at least three other chronically mentally ill individuals with whom the individual is not related by blood or marriage and which charges the individual for residing in the residence, assure that the residence meets the requirements prescribed under subparagraph (C) or meets the comparable requirements established under section 1616(e) of the Social Security Act. (III) describe appropriate mental health services and other needed services, such as medical and dental services, rehabilitation services, vocational training and placement, social services, and living skills training; and (IV) identify specific programs and services for which the individual is eligible, including income support. There shall be a periodic reevaluation of the plan at least every one hundred and twenty days. (iv) In the case of a chronically mentally ill individual for whom a plan has been developed under clause (iii), designation of a case manager to be responsible for the implementation of the plan and the coordination of services under the plan. (v) The establishment and enforcement of minimum standards for the provision of followup care for the chronically mentally ill by community mental health centers and other appropriate entities. Compliance with the informed consent requirements of the program shall be determined in accordance with the law of the State in which the program is in effect. (C) A State mental health authority shall develop a program for regulating, in accordance with guidelines established by the Secretary, residences in which there are at least four chronically mentally ill individuals who are not related by blood or marriage, which charge such individuals for residing in the residence, and which do not meet the comparable requirements established under section 1616(e) of the Social Security Act. Such program shall include the following: (i) Minimum standards for approval of a residence, including a standard which requires a mechanism to be available to the residents who are chronically mentally ill to provide referral to and assistance in reaching appropriate medical, dental, mental health, and other services not available at a residence, compliance with appropriate life safety, fire, and sanitation codes, and access for visitation during reasonable hours without prior notice by appropriate mental health and social service staff. (ii) Procedures for the evaluation, inspection, and monitoring of the compliance of the residence with the requirements of the program, (iii) Remedies for noncompliance with such requirements.
42 USC 1382e.
Periodic reevaluation.
Residence approval, minimum standards.
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