36-545.07

36-545.07. Contracts between the division and screening agencies, evaluation agencies and mental health treatment agencies; services; plan

A. The division, with the approval of the director, may enter into contracts with screening agencies, evaluation agencies and mental health treatment agencies to provide prepetition screenings, court-ordered evaluations, voluntary evaluations, treatment of voluntary patients and treatment of patients under the provisions of section 36-524 regardless of the ability of the patient or proposed patient to pay. A county may be a party to a contract as a provider of services or as a party making payments to an agency to provide services on the part of the county. The state hospital may be included in the contract as a provider of services and may receive consideration not inconsistent with law.

B. Contracts to provide services as in subsection A of this section shall be entered into in accordance with a plan of the division, with the approval of the director. This plan shall be developed in accordance with the state comprehensive health plan and in accordance with a plan of the local health planning agency submitted to and approved by the deputy director, except as provided in subsection C of this section.

C. If there is no recognized local health planning agency or if the local health planning agency does not submit a plan which will, in the judgment of the deputy director, fulfill the requirements for services of subsection A of this section, the deputy director may develop a plan and require that it be followed in lieu of a plan of the local health planning agency. The plan of the deputy director shall be adopted after holding a hearing and fulfilling the requirements of title 41, chapter 6.

D. If funds at the disposal of the division are used for services as in subsection A of this section, the contract shall conform to the requirements of section 36-189, subsection B.

E. A contract to provide services as in subsection A of this section shall specify the services to be provided as to their nature, quality, purpose, number, extent and limitations, if any, or any other requirements the deputy director deems necessary for the proper administration of services under the plan of the division.

F. A contract may specify that the county's participation fulfills in full or in part the requirements of the county to provide services under section 36-545.06 and the requirements of the county to pay the cost of services under section 36-545.04.