Developmentally Disabled Assistance and Bill of Rights Act

(Reported to Senate from the Committee on Labor and Public Welfare with amendment, S. Rept. 94-160)

Developmentally Disabled Assistance and Bill of Rights Act - Defines "developmental disability" as a disability: (1) attributable to mental retardation, or cerebral palsy, or epilepsy, or autism, or learning disability; or (2) attributable to any other condition of an individual found to be closely related to mental retardation as it refers to general intellectual functioning or impairment in adaptive behavior or to require treatment similar to that required for mentally retarded individuals, which disability originates before such individual attains age eighteen, has continued or can be expected to continue indefinitely, and constitutes a severe handicap to such individual's ability to function normally in society.

Defines other terms used in this Act.

Allows recovery of specified value of Federal assistance when facilities constructed or approved under this Act cease to function under this Act within 20 years.

=Title I: Assistance for Persons with Developmental Disabilities= - States that the purpose of this title is to improve the provision of services to persons with developmental disabilities.

Authorizes appropriations of $6,500,000 for fiscal year 1975 and for each of the four succeeding fiscal years for the purpose of assisting in the modernization and renovation of facilities which will aid in demonstrating provision of specialized services for the diagnosis and treatment, education, training or care of persons with developmental disabilities or in the interdisciplinary training of physicians and other specialized personnel needed for research, diagnosis and treatment, education, training or care of persons with developmental disabilities.

Authorizes the Secretary of Health, Education and Welfare to make grants to university affiliated facilities to pay part of the costs of administering and operating demonstration facilities.

Authorizes appropriations of $25,000,000 for fiscal year 1975, and each of the next four succeeding fiscal years to cover the costs of the grants.

Sets forth requirements pertaining to the application for and payment of grants to States.

Provides for grants to States for planning, provision of services, and construction and operation of facilities for persons with developmental disabilities. Atuhorizes appropriations of $50,000,000 for fiscal year 1975, $85,000,000 for fiscal year 1976, $95,000,000 for fiscal year 1977, $100,000,000 for fiscal year 1978, $110,000,000 for fiscal year 1979 and such sums as may be necessary for succeeding fiscal years for the purpose of making such grants.

Establishes a National Council on Services and Facilities for the Developmentally Disabled. States that it shall be the duty and function of the Council to: (1) advise the Secretary with respect to any regulations promulgated or proposed to be promulgated by him in the implementation of this title, (2) study programs authorized by this title to determine their effectiveness in carrying out the purposes for which they were established, (3) monitor the development and execution of this title and report directly to the Secretary on any delay in the rapid execution of this title, and (4) submit to the Congress annually an evaluation of the administration of this title.

Requires States desiring to apply for grants to submit specific goal oriented plans for approval by the Secretary. Sets forth specific requirements to be met in order for State plans to be approved by the Secretary, including provision for fair and equitable arrangements to protect the interests of employees affected by the plans.

Allows withholding of payments to States where they fail to comply with such plan or other requirements under this Act.

Directs the Secretary of Health, Education, and Welfare to prescribe general regulations applicable to all the States to carry out the purposes of this Act and to develop an evaluation system and action plan for implementation of such system and report to the appropriate committees of Congress within eighteen months after the date of enactment of this Act.

Requires the Secretary to develop a design for a comprehensive system by February 1, 1977, for the evaluation of services to persons with developmental disabilities, and a timetable plan for the implementation by the States of such system which shall specify a system to be implemented by the States by October 1, 1977.

Authorizes appropriations for grants for special projects for services to persons with developmental disabilities of $17,500,000 for fiscal year 1975, $20,000,000 for fiscal year 1976, $22,500,000 for fiscal year 1977, $25,000,000 for fiscal year 1978, and $27,500,000 for fiscal year 1979.

=Title II: Bill of Rights for Mentally Retarded and other Persons with Developmental Disabilities= - States that the purpose of this title is to establish standards which assure humane care, treatment, habilitation, and protection of the mentally retarded and other individuals with developmental disabilities in residential facilities and minimize inappropriate admissions to such residential facilities.

Establishes a National Advisory Council for Residential and Community Facilities to advise the Secretary.

Sets forth standards for residential facilities for the mentally retarded and other individuals with developmental disabilities. States that the ultimate aim of the facility shall be to foster those behaviors that maximize the human qualities of the resident, increase the complexity of his behavior, and enhance his ability to cope with his environment.

Prescribes the provisions governing (1) staff-resident relationships and activities, (2) food services, (3) residents' clothing, (4) health, hygiene, and grooming, (5) grouping and organization of living units, (6) resident-living staff, and (7) design and equipage of living units.

Directs that residents be provided with professional and special programs and services in accordance with their needs for such programs and services.

States that all professional services to the mentally retarded and other individuals with developmental disabilities should be rendered in the community, whenever possible, rather than in a residential facility, and where rendered in a residential facility, such services must be at least comparable to those provided the nonretarded in the community.

Sets forth specifications governing the provision of the following services to residents: (1) dental services, (2) educational services, (3) food and nutrition services, (4) library services, (5) medical services, (6) nursing services, (7) pharmacy services, (8) physical and occupational therapy services, (9) psychological services, (10) recreation services, (11) religious services, (12) social services, (13) speech, pathology and audiology services, (14) vocational rehabilitation services, and (15) volunteer services.

States that a record shall be maintained for each resident that is adequate for: (1) planning and continuous evaluating of the resident's habilitation program, (2) providing a means of communication among all persons contributing to the resident's habilitation program; (3) furnishing documentary evidence of the resident's progress and of his response to the habilitation program; (4) serving as a basis for review, study, and evaluation of the overall programs provided by the facility for its residents; (5) protecting the legal rights of the residents, facility, and staff; and (6) providing data for use in research and education.

Stipulates that all information contained in a resident's record, including information contained in an automated data bank, shall be considered privileged and confidential.

Provides that opportunities and resources should be made available to members of the staff who are equipped by interest and training to conduct applied and/or basic research. States that resources and/or necessary research assistance should be made available to all staff members who have identified researchable problems related to the programs for which they are responsible.

Sets forth requirements pertaining to safety and sanitation in the resident facilities.