2006 Louisiana Laws - RS 28:864 — Authority; functions, powers, and duties

§864.  Authority; functions, powers, and duties

A.  The district shall:

(1)  Perform the functions which provide community-based services and continuity of care for the prevention, detection, treatment, rehabilitation, and follow-up care of mental and emotional illness.

(2)  Be responsible for community-based programs and functions relating to the care, diagnosis, training, treatment, case management, and education of the mentally retarded, the developmentally disabled, and the autistic.

(3)  Perform residential and community-based functions relating to the care, diagnosis, training, treatment, and education of alcohol or drug abusers and the prevention of addictive disorders.

(4)  With the funding provided pursuant to R.S. 36:254(H), maintain services in Paragraphs (1) through (3) of this Subsection on at least the same level as the state maintains similar programs in other parishes or regions of the state.

(5)  The provisions of Paragraphs (1) through (3) of this Subsection shall not include the following:

(a)  Operation and management of any inpatient facility under the jurisdiction of the department.

(b)  Operation, management, and performance of functions and services relating to the office of environmental health, including but not limited to regulatory function as performed by sanitarians and engineers within the office of public health pursuant to R.S. 40:4 through 10, R.S. 40:2701 et seq., Chapter 4 of Title 40 of the Louisiana Revised Statutes of 1950, R.S. 37:2101 et seq., the State Sanitary Code, and all other relevant federal and state laws, rules, and regulations.

(c)  Operation, management, and performance of functions and services relating to the Louisiana Vital Records Registry and the collection of vital statistics within the office of public health pursuant to R.S. 40:5, R.S. 40:32 through 79, R.S. 44:402, and R.S. 40:1299.35.6, including the Putative Father Registry and the vital records management information system.

(d)  Operation, management, and performance of functions and services relating to laboratory analyses by the state division of laboratories with the office of public health in the area of personal and environmental health.

(e)  Operation, management, and performance of functions and services relating to education provided by or authorized for any state or local education department or agency.

(f)  Community-based functions which provide services and continuity of care for education, prevention, detection, treatment, rehabilitation, and follow-up care relating to personal health.

B.  In addition to its function as provided in Subsection A of this Section, the district shall have the following powers and duties:

(1)  To have possession and operating control of, but not title to, all real and personal property owned by the state and dedicated to the provision of community-based mental health, developmental disabilities, and addictive disorders in the parishes transferred to the district.  The state shall continue to be responsible for the maintenance of those properties which are provided by the state on the effective date of this Chapter.

(2)  To be contracted with and enter into contracts of every nature in compliance with this Chapter and other state laws.

(3)  To acquire movable property by lease, purchase, donation, or otherwise and to obtain title to same in its own name.  The district may lawfully sell or dispose of the movable property.  Inventory and other property records shall be the responsibility of the district.

(4)  To establish community-based mental health, developmental disabilities, and addictive disorder program policies in conformance with applicable state and federal laws and regulations.

(5)  With the funding provided pursuant to R.S. 36:254(H), to maintain services in community-based mental health, developmental disabilities, and addictive disorders on at least the same level as the state maintains similar programs in other parishes or regions of the state.

(6)  To employ an executive director to oversee the operations of the district and who will be responsible for the administration and management of all aspects of the district.  The director shall report periodically to the board as stipulated in the bylaws.

(7)  To establish performance indicators to determine the quality of services delivered by the district and to ensure that the quality of services delivered is higher than the quality of services previously delivered by the state.

C.  The board shall collect or cause to be collected all monies due the district for the provision of services pursuant to statutory requirements and any other form of contract or agreement by which the district provides services and levies charges therefor.  The district may retain all federal funds, self-generated funds, and any funds collected under the Medical Assistance Program (Title XIX of the Social Security Act) in excess of funds provided in the General Appropriations Act which are collected for the provision of services.

D.  The district shall constitute a body corporate in law, with all of the powers of a corporation, including the power to sue and be sued.  The district shall also have all the powers and rights conferred by this Chapter and the power to perform any other act in its corporate capacity and in its corporate name which is necessary and proper for effectuating the purposes for which the district was created.  The district shall constitute a district within the meaning of Article VI, Section 19 of the Constitution of Louisiana, shall be a political subdivision of the state, and enjoy all rights, powers, and privileges enjoyed by other political subdivisions of the state under the constitution and laws of the state, excluding the rights to incur long-term debt, issue bonds, and levy taxes and special assessments.

E.(1)  The board shall submit an annual written report to the legislative delegation representing the three parishes included within the district at least thirty days prior to each regular session.  The report shall include the audited financial statements of the district as required in R.S. 24:513.  The report shall also include a summary of the utilization of traditional providers of mental health, developmental disabilities, and addictive disorder services in the parishes transferred to the district.

(2)  The board shall submit any additional reports or information to bona fide grantors or governmental bodies, upon written request.

F.(1)  Notwithstanding any provision of state law to the contrary, the district and the department shall share access to each other's client case records of clients for whom they both provide services, to the extent that access is not prohibited by any contrary provision of federal law or regulation.

(2)  For the purposes of this Subsection, "case records" include social service records, medical services records, probation and parole records, records of foster care services, records and investigations on abuse or neglect of children or adults, and records of child welfare services administered by the department.

Acts 2003, No. 846, §2, eff. July 1, 2003.

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