Title 37, Chapter 2, Section 5.2
( 37-2-5.2)
(a) Each regional board shall have the following duties and
functions: (1) To prepare, in consultation with consumers and families,
community programs, hospitals, other public and private providers,
and appropriate advisory and advocacy groups, an annual plan and
mechanism for the funding and provision of all disability services
in the region. The plan shall be submitted to the division at a
time and in the manner specified by the division so as to ensure
that the plan is a basis for the annual appropriations request.
The division shall provide technical and professional expertise to
the regional board upon request. Such plan may include, by way of
illustration without limitation, the following: (A) An estimate categorized by age group of the number of
citizens residing in the region who require disability services
and an estimate of the range of services needed for these
citizens; (B) A description of all facilities and programs, both public
and private, which are available or which should be developed to
provide adequate disability services in the area; (C) An analysis of the regional availability of professional and
other staff personnel trained in providing disability services
and, if necessary, a proposal for recruitment and retention; (D) A list of all public and private providers currently
providing or available to provide disability services in the
region; (E) A description in order of priority of all proposed programs
and disability services to be provided in the region, and the
funds associated with the provision of these services, which
description shall specifically address the interrelationship of
programs and services and the mechanisms for ensuring effective
client transition between and among such programs and services; (F) A comprehensive plan for regular meetings, consultations,
and coordinated planning efforts with and among all service
providers, such as community programs, hospitals, and private
contractors, and professionals in the region, which plan shall
at a minimum address appropriate methods for sharing resources
and expertise among service providers and professionals,
mechanisms for resolving conflicts and resource allocation
problems, and a process for ensuring ongoing dialogue among all
providers regarding the most effective ways of meeting
individual and community client needs; (G) An analysis of the opportunities for coordination of disability services with other regional boards, agencies, and organizations as required in Code Section 37-2-9, which analysis shall include an overview of those specialized services and programs offered in other regions which may provide the most cost-effective means of meeting specific client needs and therefore would be utilized by a regional board which did not have such specialized services or programs; (H) A statement of the anticipated administrative and operating budget for the regional board, the executive director, and the staff of the unit; (I) A detailed financial plan showing the costs of providing
necessary disability services and all sources of revenue; and (J) A consumer satisfaction survey conducted during the previous
year in a manner consistent with policies established by the
division; (2) To provide, as funds become available, for client assessment
and service authorization and coordination for each client
receiving services within the region or funded by the regional
board; (3) To exercise responsibility and authority within the region in
all matters relating to the funding and delivery of disability
services; provided, however, that with the exception of services
authorized under paragraph (2) of this subsection the regional
board may not engage in the direct delivery of goods or services
to individual consumers and is prohibited from providing on its
own, without the use of an agent or agents, any direct disability
services to consumers; (4) To receive and administer grants, gifts, moneys, and donations
for purposes pertaining to the mental health, mental retardation,
substance abuse, and other disability services; (5) To make contracts with any hospital, community service board,
or other public or private providers without regard to regional or
state boundaries for the provision of disability services, and to
make and enter into all contracts necessary or incidental to the
performance of duties and functions of the regional board and the
unit; (6) To encourage the development, in cooperation with the
division, of private and public providers of programs and
disability services which respond to the needs of consumers and
families of consumers within the region; (7) To submit annual reports to the division, the Governor's
council, and such other agencies or individuals deemed
appropriate, which reports shall evaluate the efficiency and
effectiveness of disability services in the region; (8) To serve as the representative of the citizens of the area in
regard to disability services; (9) To receive and consider complaints and grievances submitted in
writing by individuals, associations, or agencies involved with
the delivery or receipt of disability services and, if deemed
appropriate, to seek resolution, through processes which may
include impartial mediation and alternate dispute resolution, of
such complaints and grievances with the appropriate hospital,
community service board, or other private or public provider of
service; (10) To assure the highest achievable level of public awareness
and understanding of both available and needed disability
services; and (11) To visit regularly disability services facilities and
programs which serve the region in order to evaluate the
effectiveness and appropriateness of the facilities and programs
in delivering services. (b) In addition to its duties and functions, each regional board
shall also have the following power and authority: (1) To utilize the services of the Department of Administrative
Services, the State Merit System of Personnel Administration, the
state auditor, or any other agency of state, local, or federal
government; (2) To participate with other regional boards, the division, the
department, local, state, or federal government agencies,
educational institutions, and public and private organizations in
the coordination of planning, research, service development, and
evaluation activities; (3) To work cooperatively with all units of county and local
government, including the county boards of health, within the
region; (4) To establish goals and objectives, not inconsistent with those
established by the division and the development, for its region;
and (5) To participate in the establishment and operation of a data
base and network, coordinated by the division, to serve as a
comprehensive management information system for disability
services and programs. (c) It is the express intent of this chapter to confer upon the
regional board the flexibility and authority necessary to contract
with a wide range of public and private providers to ensure that
clients are afforded cost-effective, locally based, and quality
disability services. Regional boards are specifically authorized to
contract directly with any county governing authority, or any
disability services organization created or designated by such
county governing authority, any county board of health, any private
or public provider, or any hospital for the provision of disability
services. Such contracts may be made directly between the regional
board and the contractor and shall not be required to go through the
community service board. (d) The regional board may delegate any power, authority, duty, or
function to its executive director or other staff. The executive
director or other staff is authorized to exercise any such power,
authority, duty, or function on behalf of the regional board. (e) Each regional board shall keep books of account reflecting all
funds received, expended, and administered by the regional board
which shall be independently audited, by an auditor approved by the
division, at least once in each fiscal year. The auditor's report
shall be presented to the regional board, the division, and any
other interested parties. The books of account shall be kept in a
standard, uniform format to be determined by the state auditor and
the department. Each regional board shall update its books of
account on at least a quarterly basis and shall present the
quarterly update to the division and any other interested parties.
The division shall conduct a performance audit of each regional
board at least once every three years. |