Powers and duties of Department of Human Services

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  1. (a) In carrying out §§ 20-10-213 — 20-10-228, the Department of Human Services is empowered and directed to:

    1. (1) Require such reports, make such inspections and investigations, and prescribe and enforce such reasonable rules as it finds necessary to effectuate §§ 20-10-213 — 20-10-228;

    2. (2) Provide methods of administration and appoint a director and other personnel of the Department of Human Services;

    3. (3) Procure and pay for the temporary services of experts or consultants on a fee-for-service basis;

    4. (4) Enter into agreements for the utilization of the facilities and services of other departments, agencies, and institutions, public and private;

    5. (5) Accept on behalf of the state and deposit with the Treasurer of State any grant, gift, or contribution of funds made to assist in meeting the cost of carrying out §§ 20-10-213 — 20-10-228 and expend such funds accordingly;

    6. (6) Make an annual report to the Governor on activities and expenditures made pursuant to §§ 20-10-213 — 20-10-228;

    7. (7) Procure the services of an attorney to assist the Department of Human Services in any legal work involved in carrying out the duties of the Department of Human Services and pay for the services on a fee-for-service or retainer basis; and

    8. (8) Accept a certificate made by an individual's physician that the individual is in need of nursing home care or that he or she can provide for himself or herself.

  2. (b) The Department of Human Services shall adopt, promulgate, and enforce such rules and standards as may be necessary for the accomplishment of §§ 20-10-213 — 20-10-228. The rules and standards shall be modified, amended, or rescinded by the Department of Human Services as may be in the public interest.


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