In addition to other powers granted in this Title, the commissioner has the powers set out in this section.
1.General powers.
The commissioner may perform any legal act relating to the care, custody, treatment, relief and improvement of the residents of state institutions or may purchase residential services when the department does not provide the appropriate institutional services for the client.
2.Appointments of deputy commissioner and other employees.
The commissioner's powers to appoint any deputy commissioner and other employees are as set out in this subsection.
3.Delegation.
The commissioner's delegation powers are as set out in this subsection.
4.Funding sources.
In carrying out this Title, the commissioner may apply for and accept from any other agency of government, person,
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In addition to other powers granted in this Title, the commissioner has the powers set out in this section.
1.
General powers.
The commissioner may perform any legal act relating to the care, custody, treatment, relief and improvement of the residents of state institutions or may purchase residential services when the department does not provide the appropriate institutional services for the client.
2.
Appointments of deputy commissioner and other employees.
The commissioner's powers to appoint any deputy commissioner and other employees are as set out in this subsection.
3.
Delegation.
The commissioner's delegation powers are as set out in this subsection.
4.
Funding sources.
In carrying out this Title, the commissioner may apply for and accept from any other agency of government, person, group or corporation any funds that may be available.
5.
Appearance of designated employees in Probate Court.
The commissioner may designate employees of the department to represent the department in Probate Court only in:
6.
Physicians.
Department employees in the classifications of physician I, II and III are unclassified state employees, as defined by Title 26, section 979‑A, subsection 6, and are members of bargaining units, subject to Title 26, chapter 9-B. An employee in any of these classifications must, as a condition of continued employment, maintain necessary clinical privileges to practice medicine in that employee's position as determined by the respective medical staff and the superintendent of the facility. Any termination of employment due to a loss of clinical privileges to practice medicine under this subsection is not subject to the grievance procedure under any collective bargaining agreement.
7.
Contracts with health care servicing entities.
The commissioner may enter into contracts with health care servicing entities for the financing, management and oversight of the delivery of mental health, adult developmental and substance use disorder services to clients pursuant to a state or federally sponsored health program in which the department participates or that the department administers. For the purposes of this subsection, "health care servicing entity" means a partnership, association, corporation, limited liability company or other legal entity that enters into a contract with the State to provide or arrange for the provision of a defined set of health care services; to assume responsibility for some aspects of quality assurance, utilization review, provider credentialing and provider relations or other related network management functions; and to assume financial risk for provision of such services to clients through capitation reimbursement or other risk-sharing arrangements. "Health care servicing entity" does not include insurers or health maintenance organizations. In contracting with health care servicing entities, the commissioner:
8.
Ad hoc committee compensation.
The commissioner is authorized to provide compensation to persons who are consumers or family members of consumers of departmental services who are members of ad hoc committees. The compensation may not exceed $25 per day and payment of expenses. Total compensation expenses of the department under this subsection in any fiscal year may not exceed $7,500.
9.
Operation of a facility.
The commissioner may contract with a privately operated corporation for the operation of a facility to replace the Elizabeth Levinson Center effective October 1, 2008.
10.
Adjudicatory subpoena power.
In an adjudicatory proceeding conducted by the department, the commissioner may issue subpoenas to require the attendance and testimony of witnesses and the production of evidence or discovery relating to an issue of fact in the proceeding and may designate employees of the department to issue such subpoenas. Subpoenas must be issued in accordance with Title 5, section 9060.