§ 20-46-301 — Department of Human Services - Division of Aging, Adult, and Behavioral Health Services - Powers and duties

(a) The Department of Human Services shall have the authority and power to create and maintain the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services and to provide services for community mental health clinics and centers, which shall be administered through such divisions, offices, sections, or units of the Department of Human Services as may be determined by the Secretary of the Department of Human Services. (b) The Department of Human Services shall have the authority to establish or assist in the establishment and direction of those mental health clinics and centers in local and regional areas of the state which shall be operated under such divisions, offices, sections, or units of the Department of Human Services as may be determined by the secretary. (c) The Department of Human Services, in cooperation with the Building Authority Division, may sell, donate, lease on a short-term or long-term basis, or assign the use of any property and equipment owned by the Department of Human Services, including real property, furniture, fixtures, and office equipment and supplies, to those community mental health clinics and centers to assist them in the advancement of mental health in the state. (d) The Department of Human Services shall engage in programs of mental health education in cooperation with the state's governmental units and established mental health education organizations, organized civic groups, lay organizations, and recognized mental health authorities, utilizing therefor the facilities of those organizations and groups for the advancement of mental health. (e) (1) In the event that a state-operated community mental health center acquires private nonprofit status, the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services shall have the authority to lease employees of the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services to perform services for the private nonprofit community mental health center to ensure the continued delivery of satisfactory levels of mental health services consistent with the goals and objectives of the Department of Human Services and the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services. (2) The secretary shall have the authority to negotiate an employee leasing arrangement with the private nonprofit community mental health center as an ongoing contract to perform mental health services for the center. The arrangement shall provide, at a minimum: (A) For reimbursement for all leased Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services employee financial obligations with respect to wages, employment taxes, and employee benefits of each employee providing services for the center and for reimbursement of administrative costs associated with the leased employees; (B) That all leased employees are covered by workers' compensation insurance provided in conformance with laws of the state and which may be provided by either the Department of Human Services or the center; (C) That all leased employees shall be limited to providing services to clients or in support of clients which are consistent with the goals and objectives of the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services and the Department of Human Services; (D) That the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services and the Department of Human Services shall not be vicariously liable for the liabilities of the center, whether contractual or otherwise; (E) That the center shall provide liability insurance for the employees and indemnify the state for any actions of the employees; and (F) That the leasing arrangement shall not be effective for a period of time to exceed each state fiscal biennium and that payment and performance obligations of the arrangement are subject to the availability and appropriation of funds for the employees' salaries and other benefits. (3) (A) Employer responsibilities for leased employees shall be shared by the Department of Human Services and the community mental health center. (B) The Department of Human Services shall be responsible for the administration and management of employee compensation and all employee benefit and welfare plans. (C) The center may exercise day-to-day supervision and control of the employees' delivery of services in conformity with all Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services and Department of Human Services policies and procedures.

Legislative History

Amended by Act 2019, No. 910,§ 5193, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 5192, eff. 7/1/2019. Amended by Act 2017, No. 913,§ 62, eff. 8/1/2017. Amended by Act 2017, No. 913,§ 61, eff. 8/1/2017. Amended by Act 2015EX1, No. 8,§ 20, eff. 7/1/2015. Amended by Act 2015EX1, No. 7,§ 20, eff. 7/1/2015. Amended by Act 2013, No. 1251,§ 1, eff. 8/16/2013. Amended by Act 2013, No. 1132,§ 29, eff. 8/16/2013. Amended by Act 2013, No. 980,§ 7, eff. 8/16/2013. Acts 1971, No. 433, ch. 2, § 1; 1985, No. 348, § 7; A.S.A. 1947, § 59-301; Acts 1993, No. 410, § 2; 2005, No. 2009, § 1.