[Federal Register Volume 72, Number 174 (Monday, September 10, 2007)]
[Notices]
[Pages 51652-51654]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-17764]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Substance Abuse and Mental Health Services Administration


Agency Information Collection Activities: Submission for OMB 
Review; Comment Request

    Periodically, the Substance Abuse and Mental Health Services 
Administration (SAMHSA) will publish a summary of information 
collection requests under OMB review, in compliance with the Paperwork 
Reduction Act (44 U.S.C. Chapter 35). To request a copy of these 
documents, call the SAMHSA Reports Clearance Officer on (240) 276-1243.

[[Page 51653]]

Project: Protection and Advocacy for Individuals With Mental Illness 
(PAIMI) Annual Program Performance Report (OMB No. 0930-0169)--Revision

    The Protection and Advocacy for Individuals with Mental Illness 
(PAIMI) Act, [42 U.S.C. 10801 et seq.] authorized funds to support 
protection and advocacy services on behalf of individuals with severe 
mental illness and severe emotional impairment who are at risk for 
abuse (including incidents of seclusion, restraint, and serious 
injuries or fatalities related to such incidents, neglect, residing in 
a public or private care or treatment facility. The PAIMI Program is 
managed by the Center for Mental Health Services (CMHS) within the 
Substance Abuse and Mental Health Services Administration (SAMHSA).
    Under the PAIMI Act, formula grant awards are made to governor-
designated protection and advocacy (P&A) systems in each of the 50 
states, the District of Columbia (Mayor), the American Indian 
Consortium [the Dine (Navajo) and Hopi Peoples in Northern Arizona and 
New Mexico], and five (5) jurisdictions--American Samoa, Guam, the 
Commonwealth of the Northern Mariana Islands, the Commonwealth of 
Puerto Rico, and the U.S. Virgin Islands. The awards are used to 
provide legal-based advocacy services which ensure protection against 
violation of the constitutional and federal rights of individuals with 
significant (severe) mental illness (adults) and significant (severe) 
emotional impairment.
    In 2000, the PAIMI Act amendments, created a 57th P&A system--the 
American Indian Consortium and authorized P&A systems to serve PAIMI-
eligible individuals, as defined under the Act [42 U.S.C. at 10802 
(4)], who reside in the community including their own homes. However, 
P&A services to PAIMI-eligible clients residing in the community is 
permissible only when the annual PAIMI appropriation met or exceeded 
$30 million, and that residents in public and private residential care 
or treatment facilities had service priority over community residents. 
The Children's Health Act of 2000 (CHA) [42 U.S.C. 290aa et seq.], also 
referenced State P&A authority to obtain information on incidents of 
seclusion, restraint, and related deaths in certain facilities.
    The PAIMI Act requires each of the 57 P&A systems to file an annual 
report, no later than January 1st, of its activities and 
accomplishments and to provide information on such topics as, the 
numbers of individuals served, types of complaints addressed, and the 
number of intervention strategies used to resolve the presenting 
issues. Under the Act, the PAIMI Advisory Council (PAC) of each P&A 
system is also required to submit its independent assessment of the 
effectiveness of the services provided to, and the activities conducted 
by, the P&A systems on behalf of PAIMI-eligible individuals and their 
family members, in a separate section of the Program Performance Report 
(PPR).
    The Developmental Disabilities Assistance and Bill of Rights Act of 
1975, referred to as the DD Act [42 U.S.C. 6042 et seq.], created the 
State P&A systems. The Administration on Developmental Disabilities 
(ADD), within the Administration for Children and Families, has 
administrative oversight of the Protection and Advocacy for 
Developmental Disabilities (PADD) Program. Since 1986, the Department 
has provided formula grant funds to the same governor-designated P&A 
systems to protect and advocate for individuals with significant mental 
illness. SAMHSA is currently waiting for the ADD to issue a Notice of 
Proposed Rulemaking (NPR) for the DD Act of 2000 amendments. These 
amendments will also govern activities fulfilled by the State P&A 
systems under the PAIMI Act. Therefore, to ensure to the greatest 
extent possible that all facets of the P&A system administered by the 
Department are subject to the same requirements, SAMHSA will wait until 
the DD Act NPR is published before revising the PAIMI Rules. [The Final 
PAIMI Rules were issued in 1997 and were extended in 2000 and 2004. An 
FRN was published May 2006 to extend the current PAIMI Rules, which 
will expire in 2007, until 2010].
    SAMHSA is revising the PAIMI Annual PPR for the following reasons: 
(1) To make it consistent with the requirements of the annual reporting 
requirements under the PAIMI Act and the PAIMI Rules [42 CFR Part 51] 
and the CHA of 2000 Parts H and I; (2) to conform with the Office of 
Management and Budget's (OMB) findings and recommendations from the FY 
2005 Program Assessment Rating Tool (PART) review of the PAIMI Program; 
(3) to broaden the category of deaths investigated by the State P&A 
systems; (4) to reduce the reporting burdens for the State P&A systems 
and the PAIMI PAC in certain areas; and, (5) to enhance the PAC section 
by providing better information on its role, responsibility, and 
authority on P&A system PAIMI activities and services.
    Planned revisions to the PAIMI Annual PPR and the PAC included the 
following items:
    (1) Changing the fonts to improve readability;
    (2) Adding Tables of Content and Glossaries to the PPR and Advisory 
Council Report (ACR) sections;
    (3) Reducing the reporting burden in Section 2. PAIMI Program 
Priorities and Objectives by requesting only one case example per 
priority (goal) rather than per objective;
    (4) Revising Sections: 2. PAIMI Program Priorities (Goals) and 
Objectives: 4. Case Complaints/Problems of Individuals; and, 5. 
Intervention Strategies on Behalf of Groups of PAIMI-eligible 
Individuals, for consistency with the findings and recommendations from 
the OMB, 2005 PART evaluation/assessment of the PAIMI Program and to 
clarify and/or enhance the instructional guidance for determining 
activity/intervention outcomes and estimating the number of individuals 
or groups impacted by P&A system activities/interventions in sections 4 
and 5;
    (5) Expanding Section 4.E.2. by adding an item c. for the number of 
death investigation activities not related to incidents of seclusion 
and restraint;
    (6) Providing the applicable PAIMI citations to the guidance in 
Section 8. Other Services & Activities.
    (7) Modifying the ACR, Sections B. PAC Membership and C. PAC 
Ethnicity/Racial Diversity for consistency with the format used in the 
PAIMI Application for FY 2007-2009;
    (8) Enhancing Section F. PAC Activities to include the applicable 
citations that will provide each PAC with better information on its 
authority, role, and responsibilities as the P&A governing authority.
    (9) Revising Section G. PAIMI Assessment of PAIMI Program 
Operations, by eliminating the previous requirement that the PAC 
comment on each P&A system annual priority and objective. The PAC will 
only submit a summary of its assessment of the P&A system's annual 
PAIMI Program priorities, objectives, activities and program 
operations;
    (10) Adding an additional item to Section G. to identify the 
training and technical assistance needs of each PAC; and,
    (11) Adding the applicable citations to Section H. Grievance 
Procedures to provide the PAC with better information on its authority, 
role, and responsibilities.
    The revised report formats will be effective for the report due on 
January 1, 2008.
    The annual burden estimate is as follows:

[[Page 51654]]



----------------------------------------------------------------------------------------------------------------
                                                                   Number of
                                                   Number of     responses per     Hours per        Total hour
                                                  respondents     respondent        response          burden
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Annual Program Performance Report.............              57               1              26            1,482
Activities & Accomplishments..................  ..............  ..............             (20)          (1,140)
Performance outcomes..........................  ..............  ..............              (3)            (171)
Expenses......................................  ..............  ..............              (1)             (57)
Budget........................................  ..............  ..............              (1)             (57)
Priority statements & objectives..............  ..............  ..............              (1)             (57)
Advisory Council Report.......................              57               1              10              570
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    Total.....................................             114  ..............  ...............           2,052
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    Written comments and recommendations concerning the proposed 
information collection should be sent by October 10, 2007 to: SAMHSA 
Desk Officer, Human Resources and Housing Branch, Office of Management 
and Budget, New Executive Office Building, Room 10235, Washington, DC 
20503; due to potential delays in OMB's receipt and processing of mail 
sent through the U.S. Postal Service, respondents are encouraged to 
submit comments by fax to: 202-395-6974.

    Dated: August 31, 2007.
Elaine Parry,
Acting Director, Office of Program Services.
 [FR Doc. E7-17764 Filed 9-7-07; 8:45 am]
BILLING CODE 4162-20-P