§ 28:915 — Districts and authorities; functions, powers, and duties; sole-source contracting

Louisiana § 28:915

• Jurisdiction: Louisiana
• Title 28: Mental Health

Text

§915. Districts and authorities; functions, powers, and duties; sole-source contracting
A. Pursuant to a contract with the department, all human services districts and
authorities 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 persons with intellectual
disabilities, persons with developmental disabilities, and persons with autism.
(3) Perform community-based functions for the care, diagnosis, training, treatment,
and education related to substance-related and addictive disorders, including but not limited
to alcohol, drug abuse, or gambling.
(4) Perform community-based functions which provide services and continuity of
care for education, prevention, detection, treatment, rehabilitation, and follow-up care
relating to personal health, as determined to be feasible by the department.
(5) Maintain services specified in Paragraphs (1) through (4) of this Subsection as
stipulated by the contract with the department.
(6) Collect or cause to be collected all monies due the district or authority for the
provision of services pursuant to statutory requirements and any other form of contract or
agreement by which the district or authority provides services and levies charges.
(7) Manage through their governing board the services required by Paragraphs (1)
through (4) of this Subsection and operate within the scope of a contract with the department.
Each district or authority shall be operated in a manner that meets standards and
competencies regarding financial controls, clinical protocols, human resources, legal
resources, purchasing, contracting, and outcomes measurement.
(8) Participate, as a critical part of Louisiana's healthcare infrastructure, in all
emergency planning, preparedness, response, and recovery efforts within the statutory
governance area of the human services district or authority and assist on a statewide basis if
requested to do so by the secretary or his designee.
(9) Provide state-funded services, as established in R.S. 28:821 et seq., to meet the
needs of the individuals in their statutory governance area. Each fiscal year, every district and
authority shall allocate a minimum of an amount equal to nine percent of its state general
fund appropriation for the provision of services established in R.S. 28:821, et seq. for persons
with developmental disabilities and their families. The state general fund appropriation for
which the minimum nine percent is calculated may be adjusted to align with any budget
reductions mandated by the division of administration.
B. In addition to the functions as provided in Subsection A of this Section, the
district or authority shall have the following powers and duties:
(1) To enter into contracts of every nature in compliance with this Chapter and other
state laws.
(2) To enter into contracts with the judicial branch to be a provider of behavioral
health services ordered by the court through any statutorily authorized specialty court
program which requires certain behavioral health treatments. Such sole-source contracts shall
be limited to a district court physically located within the statutory governance area of the
human services district or authority.
(3) To enter into contracts with a correctional facility to be a provider of behavioral
health services if the correctional facility is in need of such services as part of an emergency
department diversion program, or upon successful completion of a re-entry program that
requires ongoing services. Such sole-source contracts shall be limited to a correctional
facility, emergency department, or residence of an individual completing the re-entry process
located within the statutory governance area of the human services district or authority.
(4) To acquire movable and immovable property by lease, purchase, donation, or
otherwise and to obtain title to same in its own name. The district or authority may lawfully
sell or dispose of the property.
(5) To have possession and operating control, but not title to, all immovable and
movable property owned by the state and dedicated to the provision of behavioral health
services, developmental disabilities or intellectual disabilities services, public health services,
or any other service contracted by the department to the district or authority. 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.
(6) To establish community-based behavioral health, developmental disabilities or
intellectual disabilities, public health, and other contracted program policies in conformance
with the contract with the department and applicable state and federal laws, rules, and
regulations.
(7) To establish performance indicators and reporting requirements as outlined in the
contract between the district or authority and the department to determine the quality of
services delivered by the district or authority and maintain the services at the level of the
standards set by the department.
(8) To employ an executive director to oversee the operations of the district or
authority and who shall be responsible for the administration and management of all aspects
of the district or authority.
(9) To retain all self-generated funds and any funds collected for the provision of
services in excess of funds provided through contract with the department.
(10) To carry out responsibilities relative to developmental disabilities and
intellectual disabilities services delivery provided in R.S. 28:451.3.
C. Each human services district or authority shall constitute a body corporate in law,
with all of the powers of a corporation, including the power to sue and be sued. Each district
or authority 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 or authority was
created. Each district or authority shall constitute a special district or authority 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, or levy taxes and special assessments.
D. The board shall submit any reports or information to the secretary of the
department upon request of the secretary. The board shall also submit quarterly reports as
outlined in the contract with the department, indicating the services provided, the number of
persons served, and the amount spent on such services.
E. Notwithstanding any provision of state law to the contrary, the districts and
authorities 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.
F. The provisions of Subsections A and B of this Section shall not include the
following:
(1) Operation and management of any inpatient facility under the jurisdiction of the
department.
(2) Operation, management, and performance of functions and services relating to
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's Sanitary Code, and all other relevant federal and state law, rules,
and regulations.
(3) Operation, management, and performance of functions and services relating to
the vital records registry and the collection of vital statistics within the office of public health
pursuant to R.S. 40:5, 32 through 79, and 1061.17 and R.S. 44:401 et seq., including the
putative father registry and the vital records management information system.
(4) 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.
(5) Operation, management, and performance of functions and services relating to
education provided by or authorized for any state or local education department or agency.

Legislative History

Acts 2008, No. 373, §2, eff. June 21, 2008; Acts 2012, No. 231, §1, eff. May 22, 2012; Acts 2014, No. 811, §14, eff. June 23, 2014; Acts 2015, No. 20, §1, eff. May 29, 2015; Acts 2017, No. 73, §1, eff. June 7, 2017; Acts 2017, No. 369, §2; Acts 2018, No. 206, §1; Acts 2022, No. 271, §1.