rights of the developmentally disabled

rights of the developmentally disabled Sec. 201. Part A of the Act (as amended by title I) is amended by inserting after section 110 the following new section: “rights of the developmentally disabled “Sec. 111. Congress makes the following findings respecting the rights of persons with developmental disabilities: “(1) Persons with developmental disabilities have a right to appropriate treatment, services, and habilitation for such disabilities. “(2) The treatment, services, and habilitation for a person with developmental disabilities should be designed to maximize the developmental potential of the person and should be provided in the setting that is least restrictive of the person’s personal liberty. “(3) The Federal Government and the States both have an obligation to assure that public funds are not provided to any institutional or other residential program for persons with developmental disabilities that— “(A) does not provide treatment, services, and habilitation which is appropriate to the needs of such persons; or “(B) does not meet the following minimum standards: “(i) Provision of a nourishing, well-balanced daily diet to the persons with developmental disabilities being served by the program. “(ii) Provision to such persons of appropriate and sufficient medical and dental services. “(iii) Prohibition of the use of physical restraint on such persons unless absolutely necessary and prohibition of the use of such restraint as a punishment or as a substitute for a habilitation program. “(iv) Prohibition on the excessive use of chemical restraints on such persons and the use of such restraints as punishment or as a substitute for a habilitation program or in quantities that interfere with services, treatment, or habilitation for such persons. “(v) Permission for close relatives of such persons to visit them at reasonable hours without prior notice. “(vi) Compliance with adequate fire and safety standards as may be promulgated by the Secretary. “(4) All programs for persons with developmental disabilities should meet standards which are designed to assure the most favorable possible outcome for those served, and— “(A) in the case of residential programs serving persons in need of comprehensive health-related, habilitative, or rehabilitative services, which are at least equivalent to those standards applicable to intermediate care facilities for the mentally retarded promulgated in regulations of the Secretary on January 17, 1974 (39 Fed. Reg. pt. II), as appropriate when taking into account the size of the institutions and the service delivery arrangements of the facilities of the programs; “(B) in the case of other residential programs for persons with developmental disabilities, which assure that care is 89 STAT. 503appropriate to the needs of the persons being served by such programs, assure that the persons admitted to facilities of such programs are persons whose needs can be met through services provided by such facilities, and assure that the facilities under such programs provide for the humane care of the residents of the facilities, are sanitary, and protect their rights; and “(C) in the case of nonresidential programs, which assure the care provided by such programs is appropriate to the persons served by the programs.”