65) Even under the Coeur d'Alene balancing test, it is difficult to see how enforcement of the PAIMI Act would infringe on a state's sovereign dignity.
The Supreme Court should confirm that independent state agencies may bring Ex parte Young actions against state officials under the PAIMI Act.
Congress passed the PAIMI Act after finding that "individuals with mental illness are vulnerable to abuse and serious injury.
The PAIMI Act permits systems to access not only the records of clients, but also the records of individuals who are unable to authorize access, who do not have legal guardians, or who may have been subject to abuse and neglect.
3d at 369 (emphasizing PAIMI Act's broad definition of records covered), with Ind.
The district court found that Patient 1 was an adult at the time of her death and her parents had not been appointed as her legal guardians, placing her within the ambit of the PAIMI Act.
While the board-membership, grievance-procedure, and public-comment requirements in PADD and PAIMI are certainly important considerations, merely filling in pieces of the Hunt indicia-of-membership test misses the broader point of the standing inquiry.
148) In drafting PADD and PAIMI, Congress sought to structure P&As in a way that would make them responsive to the particular needs of the disability community.
161) The Ninth Circuit then concluded that "Congress clearly intended to confer standing" on P&As under PAIMI, and analogized the language of PAIMI to that of the statute at issue in United Food, finding that the similarities between the two laws supported the conclusion that Congress had effectively abrogated all prudential barriers to associational standing for P&As in enacting PAIMI.
Still, strong parallels exist between the creation of fair housing organizations under the FHA and the creation of P&As under PADD and PAIMI, and the reasoning employed by the court in Buckeye supports the conclusions of the Eleventh and Ninth Circuits.
181) Congress's passage of PADD, PAIMI, and PAIR reflects the reality that individuals with disabilities are a unique population.
Responding to this history, PAIMI begins with congressional findings that "individuals with mental illness are vulnerable to abuse and serious injury .