110 HR 2839 IH: To amend the Developmental Disabilities Assistance and U.S. House of Representatives 2007-06-22 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I 110th CONGRESS 1st Session H. R. 2839 IN THE HOUSE OF REPRESENTATIVES June 22, 2007 Mr. Frank of Massachusetts introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To amend the Developmental Disabilities Assistance and Bill of Rights Act of 2000 to require protection and advocacy systems to give notice to, and obtain the authorization of, an individual (or the individual’s legal representative) before pursuing remedies on behalf of the individual.

1.

Notice by protection and advocacy systems

Subsection (a) of section 143 of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 (42 U.S.C. 15043) is amended— (1)in clause (i) of paragraph (2)(A), by inserting subject to paragraph (5), before pursue legal, administrative, and other appropriate remedies or approaches; (2)at the end of paragraph (3), by striking and; (3)at the end of paragraph (4), by striking the period and inserting ; and; and (4)by adding at the end the following: (5)before pursuing any legal, administrative, or other remedy on behalf of an individual under paragraph (2)(A)(i), the system shall give notice to, and obtain the authorization of, the individual or the legal guardian, conservator, or other legal representative of the individual. .