Page:United States Statutes at Large Volume 104 Part 2.djvu/219

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PUBLIC LAW 101-496—OCT. 31, 1990 104 STAT. 1199 affiliated program (if applicable within a State), an opportunity to comment on the objectives and priorities established by, and activities of, the system, including— "(i) the objectives and priorities for the system's activities for each year, and the rationale for the establishment of such objectives; and "(ii) the coordination with the advocacy programs set out in the Rehabilitation Act of 1973, the Older Americans Act of 1965, and the Protection and Advocacy for the Mentally 111 Act."; (B) by striking "and" at the end of clause (i) of paragraph (2)(G); (C) by inserting "as a result of monitoring or other activities" before "there is" in subclause (III) of paragraph (2)(G)(ipby- (D) by inserting "and" at the end of paragraph (2)(G)(ii)(III); (E) by inserting after clause (ii) of paragraph (2)(G) the following new clause: "(iii) any person with a developmental disability who has Health care. a legal guardian, conservator, or other legal representative Safety, with respect to whom a complaint has been received by the system or with respect to whom there is probable cause to believe the health or safety of the individual is in serious and immediate jeopardy whenever— "(I) such representatives have been contacted by such system upon receipt of the name and address of such representatives; "(II) such system has offered assistance to such representatives to resolve the situation; and "(III) such representatives have failed or refused to act on behalf of the person;"; and (F) in paragraph (5), by striking "unless notice has been given of the intention to make redesignation to persons with developmental disabilities or their representatives" and inserting "unless— "(A) notice has been given of the intention to make such redesignation to the agency that is serving as the system including the good cause for such redesignation and the agency has been given an opportunity to respond to the assertion that good cause has been shown; "(B) timely notice and opportunity for public comment in an accessible format has been given to persons with developmental disabilities or their representatives; and "(C) the system has the opportunity to appeal to the Secretary that the redesignation was not for good cause"; and (2) in subsection (b)(2), by striking "the Secretary may" and inserting "the Secretary shall"; and (3) by adding at the end thereof the following new subsections: "(d) In States in which the system is organized as a private nonprofit entity with a multimember governing board, or a public system with a multimember governing board, such governing board shall be selected according to the policies and procedures of the system, except that—