TITLE 42

State Affairs and Government

CHAPTER 42-7.2

Office of Health and Human Services

SECTION 42-7.2-6.1



   § 42-7.2-6.1  Transfer of powers and

functions. –

(a) There are hereby transferred to the executive office of health and human

services the powers and functions of the departments with respect to the

following:



   (1) Fiscal services including budget preparation and review,

financial management, purchasing and accounting and any related functions and

duties deemed necessary by the secretary;



   (2) Legal services including applying and interpreting the

law, oversight to the rule-making process, and administrative adjudication

duties and any related functions and duties deemed necessary by the secretary;



   (3) Communications including those functions and services

related to government relations, public education and outreach and media

relations and any related functions and duties deemed necessary by the

secretary;



   (4) Policy analysis and planning including those functions

and services related to the policy development, planning and evaluation and any

related functions and duties deemed necessary by the secretary;



   (5) Information systems and data management including the

financing, development and maintenance of all data-bases and information

systems and platforms as well as any related operations deemed necessary by the

secretary;



   (6) Assessment and coordination for long-term care including

those functions related to determining level of care or need for services,

development of individual service/care plans and planning, identification of

service options, the pricing of service options and choice counseling; and



   (7) Program integrity, quality control and collection and

recovery functions including any that detect fraud and abuse or assure that

beneficiaries, providers, and third-parties pay their fair share of the cost of

services, as well as any that promote alternatives to publicly financed

services, such as the long-term care health insurance partnership.



   (8) Protective services including any such services provided

to children, elders and adults with developmental and other disabilities;



   (9) [Deleted by P.L. 2010, ch. 23, art. 7, §

1].



   (10) The HIV/AIDS care and treatment programs.



   (b) The secretary shall determine in collaboration with the

department directors whether the officers, employees, agencies, advisory

councils, committees, commissions, and task forces of the departments who were

performing such functions shall be transferred to the office.



   (c) In the transference of such functions, the secretary

shall be responsible for ensuring:



   (1) Minimal disruption of services to consumers;



   (2) Elimination of duplication of functions and operations;



   (3) Services are coordinated and functions are consolidated

where appropriate;



   (4) Clear lines of authority are delineated and followed;



   (5) Cost-savings are achieved whenever feasible;



   (6) Program application and eligibility determination

processes are coordinated and, where feasible, integrated; and



   (7) State and federal funds available to the office and the

entities therein are allocated and utilized for service delivery to the fullest

extent possible.



   (d) Except as provided herein, no provision of this chapter

or application thereof shall be construed to limit or otherwise restrict the

departments of children, youth and families, human services, health, and

behavioral healthcare, developmental disabilities, and hospitals from

fulfilling any statutory requirement or complying with any regulation deemed

otherwise valid.



   (e) The secretary shall prepare and submit to the leadership

of the house and senate finance committees, by no later than January 1, 2010, a

plan for restructuring functional responsibilities across the departments to

establish a consumer centered integrated system of health and human services

that provides high quality and cost-effective services at the right time and in

the right setting across the life-cycle.



History of Section.

(P.L. 2007, ch. 73, art. 3, § 2; P.L. 2009, ch. 68, art. 5, § 1; P.L.

2010, ch. 23, art. 7, § 1; P.L. 2012, ch. 241, art. 18, § 1; P.L.

2015, ch. 141, art. 5, § 20.)