36-3403. Powers and duties of the director; study; capitation rates

A. In addition to the powers and duties prescribed in chapter 29 of this title, in carrying out the duties of this chapter, the director may:

1. Employ professional, secretarial and clerical staff as are determined necessary by the director to carry out the functions and duties of the administration, subject to legislative appropriation.

2. Contract for the services of consultants and other persons that are reasonably necessary to enable the administration to carry out its functions and duties, subject to legislative appropriation.

3. Contract and incur obligations that are reasonably necessary within the general scope of the administration.

4. Adopt rules that are necessary to carry out the requirements of the administration.

5. Contract or enter into intergovernmental agreements with other public and private nonprofit agencies and entities.

6. Use monies, facilities or services to provide matching contributions under federal or other programs that further the objectives and programs of the administration.

7. Accept gifts, grants, matching monies or direct payments from public or private agencies or private persons and enterprises for the conduct of programs that are consistent with the general purposes and objectives of the administration.

B. The director shall administer:

1. Unified mental health programs, excluding the functions of the state hospital but including community mental health.

2. Addictive behavior programs to include alcohol and drug abuse.

C. Notwithstanding any other law, the director may waive or reduce the requirements for local match.

D. Except as otherwise required by this chapter, the director shall carry out the duties of this chapter subject to and consistent with chapter 29 of this title.

E. The administration shall contract with an independent consulting firm for an annual study of the adequacy and appropriateness of title XIX reimbursement rates to providers of behavioral health services. The administration may require and the regional behavioral health authorities and service providers shall provide to the administration financial data in the format prescribed by the administration to assist in the study. A complete study of reimbursement rates shall be completed at least once every five years. The administration shall provide the report to the joint legislative budget committee on or before October 1 of each year. If results of the study are not completely incorporated into the capitation rate, the administration shall provide a report to the joint legislative budget committee within thirty days of setting the final capitation rate, including reasons for differences between the rate and the study.

F. Capitation rate adjustments shall be limited to utilization of existing services and inflation unless policy changes, including creation or expansion of programs, have been approved by the legislature or are specifically required by federal law or court mandate.