§ 20-46-301 - Department of Human Services -- Division of Mental Health Services -- Powers and duties.
20-46-301. Department of Human Services -- Division of Mental Health Services -- Powers and duties.
(a) The Department of Human Services shall have the authority and power to create and maintain a Division of Mental Health Services and to provide services for community mental health clinics and centers, which shall be administered through such divisions, offices, sections, or units of the department as may be determined by the Director of the Department of Human Services.
(b) The department shall have the authority to establish or assist in the establishment and direction of those mental health clinics and centers in local and regional areas of the state which shall be operated under such divisions, offices, sections, or units of the department as may be determined by the director.
(c) The department shall have the authority, in cooperation with the Arkansas Building Authority, to sell, to lease on a short-term or long-term basis, or to assign the use of any property and equipment owned by the department, including real property, furniture, fixtures, and any and all kinds of office equipment and supplies, to those community mental health clinics and centers to assist them in the advancement of mental health in the state.
(d) The department shall engage in programs of mental health education in cooperation with the state's governmental units and established mental health education organizations, organized civic groups, lay organizations, and recognized mental health authorities, utilizing therefor the facilities of those organizations and groups for the advancement of mental health.
(e) (1) In the event that a state-operated community mental health center acquires private nonprofit status, the division shall have the authority to lease employees of the division to perform services for the private nonprofit community mental health center to ensure the continued delivery of satisfactory levels of mental health services consistent with the goals and objectives of the department and the division.
(2) The director shall have the authority to negotiate an employee leasing arrangement with the private nonprofit community mental health center as an on-going contract to perform mental health services for the center. The arrangement shall provide, at a minimum:
(A) For reimbursement for all leased division employee financial obligations with respect to wages, employment taxes, and employee benefits of each employee providing services for the center and for reimbursement of administrative costs associated with the leased employees;
(B) That all leased employees are covered by workers' compensation insurance provided in conformance with laws of the state and which may be provided by either the department or the center;
(C) That all leased employees shall be limited to providing services to clients or in support of clients which are consistent with the goals and objectives of the division and the department;
(D) That the division and the department shall not be vicariously liable for the liabilities of the center, whether contractual or otherwise;
(E) That the center shall provide liability insurance for the employees and indemnify the state for any actions of the employees; and
(F) That the leasing arrangement shall not be effective for a period of time to exceed each state fiscal biennium, and that payment and performance obligations of the arrangement are subject to the availability and appropriation of funds for the employees' salaries and other benefits.
(3) Employer responsibilities for leased employees shall be shared by the department and the community mental health center. The department shall be responsible for the administration and management of employee compensation and all employee benefit and welfare plans. The center may exercise day-to-day supervision and control of the employees' delivery of services in conformity with all division and department policies and procedures.