[Federal Register Volume 74, Number 192 (Tuesday, October 6, 2009)]
[Notices]
[Pages 51282-51283]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-24019]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Substance Abuse and Mental Health Services Administration


Agency Information Collection Activities: Proposed Collection; 
Comment Request

    In compliance with Section 3506(c)(2)(A) of the Paperwork Reduction 
Act of 1995 concerning opportunity for public comment on proposed 
collections of information, the Substance Abuse and Mental Health 
Services Administration (SAMHSA) will publish periodic summaries of 
proposed projects. To request more information on the proposed projects 
or to obtain a copy of the information collection plans, call the 
SAMHSA Reports Clearance Officer on (240) 276-1243.
    Comments are invited on: (a) Whether the proposed collections of 
information are necessary for the proper performance of the functions 
of the agency, including whether the information shall have practical 
utility; (b) the accuracy of the agency's estimate of the burden of the 
proposed collection of information; (c) ways to enhance the quality, 
utility, and clarity of the information to be collected; and (d) ways 
to minimize the burden of the collection of information on respondents, 
including through the use of automated collection techniques or other 
forms of information technology.

Proposed Project: Protection and Advocacy for Individuals With Mental 
Illness (PAIMI) Final Rule, 42 CFR Part 51 (OMB No. 0930-0172)--
Extension

    These regulations meet the directive under 42 U.S.C. 10826(b) 
requiring the Secretary to promulgate final regulations to carry out 
the PAIMI Act.

[[Page 51283]]

The regulations contain information collection requirements. The Act 
authorizes funds to support activities on behalf of individuals with 
significant (severe) mental illness (adults) or emotional impairment 
(children/youth) [42 U.S.C. 10802(4)]. Only entities that are 
designated by the governor of each State, the five (5) territories 
(American Samoa, Guam, the Northern Mariana Islands, Puerto Rico, and 
the U.S. Virgin Islands), the American Indian Consortium (the Hopi and 
Navajo Nations in the Southwest), and the Mayor of the District of 
Columbia to protect and advocate the rights of persons with 
developmental disabilities under Title I, Subtitle C--Protection and 
Advocacy of Individual Rights, the Developmental Disabilities 
Assistance and Bill of Rights Act of 2000 (42 U.S.C. 150041 et seq.) 
are eligible to receive PAIMI Program grants [42 U.S.C. at 10802(2)]. 
These grants are based on a formula prescribed by the Secretary at 42 
U.S.C. at 10822(a)(1)(A).
    On January 1, each eligible State protection and advocacy (P&A) 
system is required to prepare a report that describes its activities, 
accomplishments, and expenditures to protect the rights of individuals 
with mental illness supported with payments from PAIMI Program 
allotments during the most recently completed fiscal year. The PAIMI 
Act at 42 U.S.C. 10824(a) requires that each P&A system transmit a copy 
of its annual report to the Secretary (via SAMHSA/CMHS) and to the 
State Mental Health Agency where the system is located. These annual 
PAIMI Program Performance Reports (PPR) to the Secretary must include 
the following information:
     The number of (PAIMI-eligible) individuals with mental 
illness served;
     A description of the types of activities undertaken;
     A description of the types of facilities providing care or 
treatment to which such activities are undertaken;
     A description of the manner in which the activities are 
initiated;
     A description of the accomplishments resulting from such 
activities;
     A description of systems to protect and advocate the 
rights of individuals with mental illness supported with payments from 
PAIMI Program allotments;
     A description of activities conducted by States to protect 
and advocate such rights;
     A description of mechanisms established by residential 
facilities for individuals with mental illness to protect such rights; 
and
     A description of the coordination among such systems, 
activities and mechanisms;
     Specification of the number of systems that are public and 
nonprofit systems established with PAIMI Program allotments;
     Recommendations for activities and services to improve the 
protection and advocacy of the rights of individuals with mental 
illness and a description of the need for such activities and services 
that were not met by the State P&A systems established under the PAIMI 
Act due to resource or annual program priority limitations.
    ** [The PAIMI Rules at 42 CFR Part 51 at section 51.32(b), state 
that P&A systems may place restrictions on case or client acceptance 
criteria developed as part of its annual PAIMI priorities. Each P&A 
system is required to inform prospective clients of any such 
restrictions when he/she requests a service].
    This PAIMI PPR summary must include a separate section, prepared by 
the PAIMI Advisory Council (PAC) that describes the council's 
activities and its assessment of the operations of the State P&A system 
at 42 U.S.C. 10805(7).
    The burden estimate for the annual State P&A system reporting 
requirements for these regulations is as follows:

----------------------------------------------------------------------------------------------------------------
                                                                                    Burden per
                 42 CFR citation                     Number of     Responses per     response      Total annual
                                                    respondents     respondent        (hrs.)          burden
----------------------------------------------------------------------------------------------------------------
51.(8)(a)(2) Program Performance Report.........              57               1            26.0       \1\ 1,482
51.8(8)(a)(8) Advisory Council Report...........              57               1            10.0         \1\ 570
51.10 Remedial Actions..........................
    Corrective Action Plans Implementation                     6               1             8.0              56
     Status Report..............................               6               3             2.0              42
51.23(c) Reports, materials and fiscal data                   57               1             1.0              57
 provided to the PAC............................
51.25(b)(2) Grievance Procedures................              57               1              .5              29
                                                 ---------------------------------------------------------------
        Total...................................             126  ..............  ..............             184
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\1\ Burden hours associated with these reports are approved under OMB Control No. 0930-0169.

    Send comments to Summer King, SAMHSA Reports Clearance Officer, 
Room 7-1044, One Choke Cherry Road, Rockville, MD 20857 and e-mail her 
a copy at [email protected]. Written comments should be 
received within 60 days of this notice.

    Dated: September 28, 2009.
Elaine Parry,
Director, Office of Program Services.
[FR Doc. E9-24019 Filed 10-5-09; 8:45 am]
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