§ 1 — Creation; powers of department and commissioner

Section 1. There shall be a department of developmental services, in this chapter called the department, and a commissioner of developmental services who shall have and shall exercise exclusive supervision and control of the department. All action of said department shall be taken by the commissioner, or under the direction of said commissioner, by such agents or subordinate officers as he shall determine.The department shall take cognizance of all matters affecting the welfare of the persons with an intellectual disability or persons with a developmental disability. The department shall have supervision and control of all public facilities for persons with an intellectual disability and of all persons received into any of said facilities, and shall have general supervision of all private facilities for such persons; provided, however, that this sentence shall not be deemed to interfere with or supersede any other provision of general or special law which grants or confers supervision and control of certain public facilities for persons with an intellectual disability and persons admitted to such facilities or which grants or confers supervision over certain private facilities for such persons, to any other department of the commonwealth or to any political subdivision. The department shall have supervision and control of all intellectual disabilities facilities established within the department and, subject to appropriation, may further develop additional intellectual disabilities facilities under commonwealth operation or, subject to appropriation, may contract with any private agency furnishing complementary or community services for persons with an intellectual disability to pay it the ordinary and reasonable compensation for such services actually rendered or furnished to persons in need thereof. The department may, subject to appropriation, enter into agreements with nonprofit charitable corporations, partnerships or collaboratives for the providing of services for persons with an intellectual disability or a developmental disability. Such agreements may provide for the retention of all revenues resulting from all billings and third party reimbursements by such organizations, provided, that the expenditure of such funds is made in conformance with applicable state and federal law and subject to the approval of the commissioner.The department shall be a corporation for the purpose of taking, holding and administering in trust for the commonwealth any grant, devise, gift or bequest made to the commonwealth, to it, or to any state school or other intellectual disabilities facility of the department for the use of persons under its control in any such facility or for the use of such school or facility, or, if the acceptance of such trust is approved by the governor, for expenditure upon any work which the department is authorized to undertake.The department shall select the site of any new state intellectual disabilities facility and any land to be taken or purchased by the commonwealth for the purposes of any new or existing state intellectual disabilities facility.The department of highways shall construct and maintain roads on the grounds of property of a state intellectual disabilities facility; and expenses so incurred shall be paid from appropriations for the maintenance of such facility.