C.F.R. » Title 42 » CHAPTER I—PUBLIC HEALTH SERVICE, DEPARTMENT OF HEALTH AND HUMAN SERVICES › SUBCHAPTER D—GRANTS › PART 51—REQUIREMENTS APPLICABLE TO THE PROTECTION AND ADVOCACY FOR INDIVIDUALS WITH MENTAL ILLNESS PROGRAM › Subpart D—Access to Records, Facilities and Individuals

42 C.F.R. § 51.43

Denial or delay of access

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If a P&A system's access to facilities, programs, residents or records covered by the Act or this part is delayed or denied, the P&A system shall be provided promptly with a written statement of reasons, including, in the case of a denial for alleged lack of authorization, the name, address and telephone number of the legal guardian, conservator, or other legal representative of an individual with mental illness. Access to facilities, records or residents shall not be delayed or denied without the prompt provision of written statements of the reasons for the denial.

Notes of Decisions
Cited in 9 cases (1 in the last 5 years), 2000–2023 · leading case: Off. of Prot. & Advocacy for Persons With Disabilities v. Armstrong, 266 F. Supp. 2d 303 (D. Conn. 2003).
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Off. of Prot. & Advocacy for Persons With Disabilities v. Armstrong, 266 F. Supp. 2d 303 (D. Conn. 2003). · cites it 2× “42 C.F.R. § 51.43 (emphasis added). In this case, there is no suggestion that Armstrong has made such a disclosure to Connecticut P & A, nor has Armstrong affirmatively stated that any of the eight inmates involved had such a legal guardian, conservator or legal representative.”
Sonnenberg v. Disability Rights Idaho, Inc., 168 F. Supp. 3d 1282 (D. Idaho 2016). · cites it 2× “Placing the burden of identifying representatives on the facility is consistent with the PAI-MI regulations, particularly 42 C.F.R. § 51.43 , which provides: Denial or delay of access.”
Disability Rights New York v. Wise, 171 F. Supp. 3d 54 (N.D.N.Y. 2016). “¶ 18); see 42 C.F.R. § 51.43 ; 45 C.F.R. § 1386.26 .”
Connecticut Off. of Prot. & Advocacy for Persons With Disabilities v. Hartford Bd. of Educ., 355 F. Supp. 2d 649 (D. Conn. 2005). “22 (2004)' (DD Act); 42 C.F.R. § 51.43 (2003) (PAMII). While defendants contest the .”
Arizona Ctr. for Disability Law v. Allen, 197 F.R.D. 689 (D. Ariz. 2000). “” 42 C.F.R. § 51.43 ; see also 45 C.F.R. § 1386.”
Ctr. for Legal Advocacy v. Earnest, 188 F. Supp. 2d 1251 (D. Colo. 2002). “” 42 C.F.R. § 51.43 . This suggests that while the ability of protection and advocacy groups to obtain records under the statute is widely recognized, it is less than absolute.”
Disability Rights Pa. v. Sch. Dist. of Phila., 377 F. Supp. 3d 482 (E.D. Pa. 2019). · cites it 2× “26 and 42 C.F.R. § 51.43 , Defendants must provide Plaintiff with the requested contact information.”
State of Connecticut Off. of Prot. & Advocacy for Persons with Disabilities v. Hartford Bd. of Educ., 464 F.3d 229 (2d Cir. 2006). “42 C.F.R. § 51.43 ; 45 C.F.R.. § 1386.22(i).”
Disability Rights Maryland v. Prince George's Cnty. Pub. Schs. (D. Maryland 2023). · cites it 2× “s to facilities, programs, residents or records covered by the Act or this part is delayed or denied, the P&A system shall be provided promptly with a written statement of reasons, including, in the case of a denial for alleged lack of authorization, the name, address and…”
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