[Federal Register Volume 88, Number 6 (Tuesday, January 10, 2023)]
[Notices]
[Pages 1395-1396]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-00190]


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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, 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) 276-0361.
    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 leveraging automated data collection techniques or other 
forms of information technology.
    Proposed Project: Request to publish the 60-Day Notices in the 
Federal Register to solicit public comment on information collection 
for the continued approval and updates for the Protection and Advocacy 
for Individuals with Mental Illness (PAIMI)--Revised Annual Program 
Performance Report (PPR)--OMB No. 0930-0169-- DECISION.
    SAMHSA is requesting approval from the Office of Management and 
Budget (OMB) for changes to the Annual PPR, PPR Instructions, and the 
ACR for the PAIMI program. The OMB clearance for the current 2022-2023 
PPR, PPR Instructions, and ACR (0930-0169) will expire on 06/30/2023.
    The protection and advocacy (P&A) systems were established under 
the Developmental Disabilities Act of 1975 [42 U.S.C. 15001 et seq., as 
amended in 2000]. The amendments of 2000 require the Secretary of 
Health and Human Services submit a biennial report on disabilities to 
the President, Congress, and the National Council on Disability. The 
Secretary's report is prepared by the Administration on Intellectual 
and Developmental Disabilities (AIDD), within the Administration on 
Community Living. The PPR, which includes an ACR, contains information 
from the PAIMI grantees on the types of activities and services they 
provided on behalf of PAIMI-eligible individuals. SAMHSA aggregates 
this information into a biennial summary report that AIDD includes in 
an appendix to the Secretary's biennial report on disabilities.
    The PAIMI Act at 42 U.S.C. 10805(7) requires that each P&A system 
prepare and transmit a report to the Secretary HHS and to the head of 
its state mental health agency on January 1. This report describes the 
activities, accomplishments, and expenditures of the system during the 
most recently completed fiscal year, including a section prepared by 
the advisory council (the PAIMI Advisory Council or PAC) that describes 
the activities of the council and its independent assessment of the 
operations of the system.
    The PAIMI Act at 42 U.S.C. 10801 et seq., authorized funds to the 
same protection and advocacy (P&A) systems created under the 
Developmental Disabilities Assistance and Bill of Rights Act of 1975, 
known as the DD Act (as amended in 2000, 42 U.S.C. 15001 et seq.]. The 
DD Act supports the Protection and Advocacy for Developmental 
Disabilities (PADD) Program administered by the Administration on 
Intellectual and Developmental Disabilities (AIDD) within the 
Administration on Community Living. AIDD is the lead federal P&A 
agency. The PAIMI Program supports the same governor-designated P&A 
systems established under the DD Act by providing legal-based 
individual and systemic advocacy services to individuals with 
significant (severe) mental illness (adults) and significant (severe) 
emotional impairment (children/youth) who are at risk for abuse, 
neglect and other rights violations while residing in a care or 
treatment facility.
    In 2000, the PAIMI Act amendments created a 57th P&A system--the 
American Indian Consortium (the Navajo and Hopi Tribes in the Four 
Corners region of the Southwest). The Act, at 42 U.S.C. 10804(d), 
states that a P&A system may use its allotment to provide 
representation to individuals with mental illness, as defined by 
section 42 U.S.C. 10802 (4)(B)(iii), residing in the community, 
including their own home, only if the total allotment under this title 
for any fiscal year is $30 million or more, and, in such cases, an 
eligible P&A system must give priority to representing PAIMI-eligible 
individuals, as defined by 42 U.S.C. 10802(4)(A) and (B)(i).
    The Children's Health Act of 2000 (CHA) also referenced the state 
P&A system authority to obtain information on incidents of seclusion, 
restraint, and related deaths [see, CHA, Part H at 42 U.S.C. 290ii-1]. 
PAIMI Program formula grants awarded by SAMHSA go directly to each of 
the 57 governor-designated P&A systems. These systems are located in 
each of the 50 states, the District of Columbia, the American Indian 
Consortium, American Samoa, Guam, the Commonwealth of the Northern 
Mariana Islands, the Commonwealth of Puerto Rico, and the U.S. Virgin 
Islands.
    SAMHSA proposes the following revision to its annual PAIMI Program 
Performance Report (PPR), PPR Instructions, and ACR:
    1. All questions related to Sex/Gender; added the following 
choices: ``Transgender,'' ``Two-Spirit'' for AI/AN, and ``Other.''
    2. All questions related to Age; added the clarification ``would 
not disclose'' to ``Unknown.''
    3. The choice ``A/N I'' (Abuse/Neglect Investigation)was added to 
the ``Intervention Strategies'' section for clarification.
    4. In the ``Death Investigation Activities'' section, the following 
was added for clarification: ``if zero means the P&A did not receive 
any death reports from CMS for investigation, please note this in the 
Footnotes.''
    5. In the ``Interventions on behalf of groups of PAIMI-eligible 
Individuals'' section, ``Group Advocacy,'' the term ``non-litigation'' 
was corrected.
    6. Tables and instructions were added to the ``Budget'' section, 
for clarification.

[[Page 1396]]

    The current report formats will be effective for the FY 2023 PPR 
reports due on January 1, 2024.

Estimates of Annualized Hour Burden

    The estimated annualized burden for the uniform application will 
increase to 33,493 hours to account for recording of the additional 
supplemental funding efforts (approximately 2 hours per state agency).
    The annual burden estimate is as follows:

----------------------------------------------------------------------------------------------------------------
                                                                     Number of
                                                     Number of     responses per     Hours per      Total hour
                                                    respondents     respondent       response         burden
----------------------------------------------------------------------------------------------------------------
Program Performance Report......................              57               1              20           1,140
Advisory Council Report.........................              57               1              10             570
                                                 ---------------------------------------------------------------
    Total.......................................              57  ..............  ..............           1,710
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    Send comments to Carlos Graham, SAMHSA Reports Clearance Officer, 
5600 Fisher Lane, Room 15E57A, Rockville, MD 20852 OR email him a copy 
at [email protected]. Written comments should be received by 
March 13, 2023.

Alicia Broadus,
Public Health Advisor.
[FR Doc. 2023-00190 Filed 1-9-23; 8:45 am]
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