42 U.S.C. § 290ii–1: Reporting requirement

Summary

Facilities covered by the Protection and Advocacy for Mentally Ill Individuals Act of 1986 must tell the agency the Secretary picks when a patient dies while restrained or in seclusion, within 24 hours after being removed from restraint or seclusion, or when the death likely came from those practices. The notice must give the resident’s name and be sent within 7 days of the death. facility — has the same meaning given in section 102(3) of the Protection and Advocacy for Mentally Ill Individuals Act of 1986.

Title 42, §290ii–1

The Public Health and Welfare, Source: USLM XML via OLRC

(a)In general

Each facility to which the Protection and Advocacy for Mentally Ill Individuals Act of 1986 [42 U.S.C. 10801 et seq.] applies shall notify the appropriate agency, as determined by the Secretary, of each death that occurs at each such facility while a patient is restrained or in seclusion, of each death occurring within 24 hours after the patient has been removed from restraints and seclusion, or where it is reasonable to assume that a patient’s death is a result of such seclusion or restraint. A notification under this section shall include the name of the resident and shall be provided not later than 7 days after the date of the death of the individual involved.

(b)Facility

In this section, the term “facility” has the meaning given the term “facilities” in section 102(3) of the Protection and Advocacy for Mentally Ill Individuals Act of 1986 1 (42 U.S.C. 10802(3)).

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Protection and Advocacy for Mentally Ill Individuals Act of 1986, referred to in text, was Pub. L. 99–319, May 23, 1986, 100 Stat. 478. Pub. L. 99–319 was renamed the Protection and Advocacy for Individuals with Mental Illness Act by Pub. L. 106–310, div. B, title XXXII, § 3206(a), Oct. 17, 2000, 114 Stat. 1193, and is classified generally to chapter 114 (§ 10801 et seq.) of this title. For complete classification of this Act to the Code, see

Short Title

note set out under section 10801 of this title and Tables.

§290ii–1 Reporting Requirement