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  • PART I ADMINISTRATION OF THE GOVERNMENT
  • TITLE II EXECUTIVE AND ADMINISTRATIVE OFFICERS
    OF THE COMMONWEALTH
  • CHAPTER 19B DEPARTMENT OF DEVELOPMENTAL SERVICES
  • Section 18 Interagency agreements with mental health department

[ Text of section effective until July 1, 2013. For text effective July 1, 2013, see below.]

  Section 18. Subject to approval by the secretary of health and human services, the commissioner may enter into interagency agreements with the commissioner of mental health for the coordinated regulation of or for the coordinated or joint management of certain services that are required or that must be provided by both the department of developmental services and the department of mental health. Such agreement may be entered where it is determined by the commissioners of said departments that the services require coordinated regulation to ensure development of substantially similar standards consistent with certain shared needs of mentally ill and persons with an intellectual disability or that the services will be more efficiently and effectively provided by a single, unified management system than by two separate management systems. Such services may include, without limitation, transportation, laundry, data processing, certain services to mixed populations of mentally ill and mentally retarded individuals with common needs for care and treatment or to individuals who are diagnosed as both a person with an intellectual disability and mentally ill, research activities, and program monitoring. Coordinated regulation of such services may include, without limitation, such issues as restraint, charges for care, investigations and case management. Pursuant to such agreements the department of developmental services may assume responsibility for the provision of such services to the department of mental health. Such agreements may delegate responsibility to the department of mental health to provide such services to the department of developmental services. Such agreements may provide for the expenditure of appropriated funds consistent with such joint management service systems and may further provide for assignment of certain staff to such joint management service system. Such agreements shall not, however, conflict with the department of developmental services' primary responsibility for persons with an intellectual disability regardless of whether such persons are also mentally ill.

Chapter 19B: Section 18. Interagency agreements with commissioner of mental health or office of Medicaid for coordinated regulation or management of certain services

[ Text of section as amended by 2013, 38, Sec. 33 effective July 1, 2013. See 2013, 38, Sec. 219. For text effective until July 1, 2013, see above.]

  Section 18. Subject to approval by the secretary of health and human services, the commissioner may enter into interagency agreements with the commissioner of mental health or the office of Medicaid for the coordinated regulation of or for the coordinated or joint management of certain services that are required or that shall be provided by the department of developmental services and the department of mental health or the office of Medicaid. Such an agreement may be entered into where it is determined by the commissioners of the departments and the director of Medicaid that the services require coordinated regulation to ensure development of substantially similar standards consistent with certain shared needs of persons with a mental illness and persons with an intellectual disability or persons enrolled in the commonwealth's money follows the person demonstration waiver or related waivers or that the services will be more efficiently and effectively provided by a single, unified management system than by 2 separate management systems. These services may include, without limitation, transportation, laundry, data processing, certain services to mixed populations of persons with a mental illness and persons with an intellectual disability with common needs for care and treatment or to persons who have been diagnosed as having both an intellectual disability and a mental illness, research activities, program monitoring and services provided to persons enrolled in the commonwealth's money follows the person demonstration waiver or related waivers. Coordinated regulation of these services may include, without limitation, issues such as restraint, charges for care, investigations and case management. Under these agreements, the department of developmental services may assume responsibility for the provision of these services to the department of mental health or the office of Medicaid. These agreements may delegate responsibility to the department of mental health to provide those services to the department of developmental services. These agreements may provide for the expenditure of appropriated funds consistent with the joint management service systems and may further provide for assignment of certain staff to the joint management service system. These agreements shall not conflict with the department of developmental services' primary responsibility for persons with an intellectual disability regardless of whether those persons also have a mental illness or are enrolled in the commonwealth's money follows the person demonstration waiver or related waivers.