U.S. Code » Title 42 » Chapter CHAPTER 114— PROTECTION AND ADVOCACY FOR INDIVIDUALS WITH MENTAL ILLNESS › Subchapter SUBCHAPTER I— PROTECTION AND ADVOCACY SYSTEMS › Part Part A— Establishment of Systems

42 U.S.C. § 10806

Access to records

Read at: OLRCuscode.house.gov CornellLII GovInfogovinfo.gov JustiaTitle 42 CasesGoogle Scholar
(a) An eligible system which, pursuant to section 10805(a)(4) of this title, has access to records which, under Federal or State law, are required to be maintained in a confidential manner by a provider of mental health services, shall, except as provided in subsection (b), maintain the confidentiality of such records to the same extent as is required of the provider of such services.(b)(1) Except as provided in paragraph (2), an eligible system which has access to records pursuant to section 10805(a)(4) of this title may not disclose information from such records to the individual who is the subject of the information if the mental health professional responsible for supervising the provision of mental health services to such individual has provided the system with a written determination that disclosure of such information to such individual would be detrimental to such individual’s health.(2)(A) If disclosure of information has been denied under paragraph (1) to an individual—(i) such individual;(ii) the legal guardian, conservator, or other legal representative of such individual; or(iii) an eligible system, acting on behalf of an individual described in subparagraph (B),may select another mental health professional to review such information and to determine if disclosure of such information would be detrimental to such individual’s health. If such mental health professional determines, based on professional judgment, that disclosure of such information would not be detrimental to the health of such individual, the system may disclose such information to such individual.(B) An eligible system may select a mental health professional under subparagraph (A)(iii) on behalf of—(i) an individual whose legal guardian is the State; or(ii) an individual who has a legal guardian, conservator, or other legal representative other than the State if such guardian, conservator, or representative does not, within a reasonable time after such individual is denied access to information under paragraph (1), select a mental health professional under subparagraph (A) to review such information.(C) If the laws of a State prohibit an eligible system from obtaining access to the records of individuals with mental illness in accordance with section 10805(a)(4) of this title and this section, section 10805(a)(4) of this title and this section shall not apply to such system before—(i) the date such system is no longer subject to such a prohibition; or(ii) the expiration of the 2-year period beginning on May 23, 1986,whichever occurs first.(3)(A) As used in this section, the term “records” includes reports prepared by any staff of a facility rendering care and treatment or reports prepared by an agency charged with investigating reports of incidents of abuse, neglect, and injury occurring at such facility that describe incidents of abuse, neglect, and injury occurring at such facility and the steps taken to investigate such incidents, and discharge planning records.(B) An eligible system shall have access to the type of records described in subparagraph (A) in accordance with the provisions of subsection (a) and paragraphs (1) and (2) of subsection (b).(Pub. L. 99–319, title I, § 106, May 23, 1986, 100 Stat. 481; Pub. L. 100–509, § 6(b), Oct. 20, 1988, 102 Stat. 2544; Pub. L. 102–173, § 10(2), Nov. 27, 1991, 105 Stat. 1219.)Editorial NotesAmendments

1991—Subsec. (b)(2)(C). Pub. L. 102–173 substituted “individuals with mental illness” for “mentally ill individuals”.

1988—Subsec. (b)(3). Pub. L. 100–509 added par. (3).

Notes of Decisions
Cited in 42 cases (8 in the last 5 years), 1990–2026 · leading case: Ctr. for Legal Advocacy v. Hammons, 323 F.3d 1262 (10th Cir. 2003).
Sort: Relevance Newest Treatment
Ctr. for Legal Advocacy v. Hammons, 323 F.3d 1262 (10th Cir. 2003). · cites it 8× “42 U.S.C. § 10806 (b)(3)(A). Section 10806 further provides that: If the laws of a State prohibit an eligible system from obtaining access to the records of individuals with mental illness in accordance with section 10805(a)(4) of this title and this section, section 10805(a)(4)…”
Iowa Prot. & Advocacy Servs., Inc. v. Gerard Treatment Programs, L.L.C., 152 F. Supp. 2d 1150 (N.D. Iowa 2001). · cites it 6× “42 U.S.C. § 10806 (b)(3)(A); see also Houstown, 228 F.”
Indiana Prot. & Advocacy Servs. v. Indiana Fam. & Soc. Servs. Admin., 603 F.3d 365 (7th Cir. 2010). · cites it 3× “” 42 U.S.C. § 10806 (b)(3)(A). In 1997, the United States Department of Health & Human Services issued a set of regulations for the PAIMI Act.”
Sonnenberg v. Disability Rights Idaho, Inc., 168 F. Supp. 3d 1282 (D. Idaho 2016). · cites it 6× “42 U.S.C. § 10806 (b)(3)(A). In this case, it is undisputed that D.”
Connecticut Off. of Prot. & Advocacy for Persons With Disabilities v. Hartford Bd. of Educ., 355 F. Supp. 2d 649 (D. Conn. 2005). · cites it 4× “§ 46a-llh; 42 U.S.C. § 10806 . 1.The Development Disabilities Assistance and Bill of Rights Act The Developmental Disabilities Assistance and Bill of Rights Act (“DD Act”) provides for federal funding of state systems “to protect the legal and human rights of individuals with…”
Ohio Legal Rights Serv. v. Buckeye Ranch, Inc., 365 F. Supp. 2d 877 (S.D. Ohio 2005). · cites it 3× “” 42 U.S.C. § 10806 (b)(3)(A). Any records obtained under PAMII by a protection and advocacy system are subject to the same federal or state confidentiality regulations that are applicable to providers of mental health services.”
Dunn v. Dunn, 163 F. Supp. 3d 1196 (M.D. Ala. 2016). · cites it 2× “See 42 U.S.C. § 10806 (b)(2)(C) (“If the laws of a State prohibit an eligible system from obtaining access to the records of individuals with mental illness in accordance with [the provision in PAIMI authorizing such access, that records-access provision] shall not apply to such…”
Off. of Prot. & Advocacy for Persons With Disabilities v. Armstrong, 266 F. Supp. 2d 303 (D. Conn. 2003). · cites it 2× “[the section providing authority to access records] shall not apply to such system before the earlier of.”
Wisconsin Coalition for Advocacy, Inc. v. Czaplewski, 131 F. Supp. 2d 1039 (E.D. Wis. 2001). · cites it 2× “in accordance with section 106 [ 42 U.S.C. § 10806 ], have access to all records of .”
Disability Rights New York v. Wise, 171 F. Supp. 3d 54 (N.D.N.Y. 2016). · cites it 2× “¶¶ 12-13, 15); see 42 U.S.C. §§ 10806 (b)(3)(A), 15043(c)(2).”
Iowa Prot. & Advocacy Servs., Inc. v. Rasmussen, 206 F.R.D. 630 (S.D. Iowa 2001). · cites it 2× “See also 42 U.S.C. § 10806 (a). Consequently, several district courts have concluded that the issue of confidentiality should not act as a bar to disclosure to a protection and advocacy system.”
Disabilities Rights Ctr., Inc. v. Comm'r, 732 A.2d 1021 (N.H. 1999). · cites it 3× “See 42 U.S.C. § 10806 (b)(2)(C)(ii). The plaintiff argues that the SPU’s quality assurance records fall under the definition of “records,” and thus PAMII preempts RSA 151-D:2.”
Show all 42 citing cases →
— 42 U.S.C. § 10806(b)(2)(C) — 1 case
Disabilities Rights Ctr., Inc. v. Comm'r, 732 A.2d 1021 (N.H. 1999). “See 42 U.S.C. § 10806 (b)(2)(C)(ii). The plaintiff argues that the SPU’s quality assurance records fall under the definition of “records,” and thus PAMII preempts RSA 151-D:2.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.