42-U.S.C.-10807

§10807 – Legal Actions

Pathway

Title 42 > Chapter 114 > Subchapter I > Part A > Section 10807

Details

• Reference: Section 10807
• Legend: §10807 – Legal Actions
• USCode Year: 2011

Provision Content

(a) Prior to instituting any legal action in a Federal or State court on behalf of a  individual with mental illness, an eligible system, or a State agency or nonprofit organization which entered into a contract with an eligible system under section 10804(a) of this title, shall exhaust in a timely manner all administrative remedies where appropriate. If, in pursuing administrative remedies, the system, agency, or organization determines that any matter with respect to such individual will not be resolved within a reasonable time, the system, agency, or organization may pursue alternative remedies, including the initiation of a legal action.

(b) Subsection (a) of this section does not apply to any legal action instituted to prevent or eliminate imminent serious harm to a  individual with mental illness.

(Pub. L. 99–319, title I, §107, May 23, 1986, 100 Stat. 482; Pub. L. 102–173, §10(1), Nov. 27, 1991, 105 Stat. 1219.)

Amendments

1991—Pub. L. 102–173 substituted “individual with mental illness” for “mentally ill individual” in subsecs. (a) and (b).

U.S. Encyclopedia of Law Coverage

42-U.S.C.-10706 in the Legal Encyclopedia: Public Health

In this entry about 42-U.S.C.-10706, find legal reference material, bibliographies and premiere content related to public health in the American Encyclopedia of Law, presenting a comprehensive view of the United States public health-specific issues, written by authorities in the field.

Topic Map

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