Chapter 19B of the General Laws is amended by striking out section 18 and inserting in place thereof the following section:-
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 must be provided by both the department of developmental services and the department of mental health or the office of Medicaid. Such an agreement may be entered where it is determined by the commissioners of the departments or the director of the office of Medicaid that the services require coordinated regulation to ensure development of substantially similar standards consistent with certain shared needs of mentally ill persons and persons with an intellectual disability or persons enrolled in the commonwealth's money follows the person demonstration or related waivers or that the services will be more efficiently and effectively provided by a single, unified management system than by two separate management systems. These 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, program monitoring and services provided to persons enrolled in the commonwealth's money follows the person demonstration or related waivers. Coordinated regulation of these services may include, without limitation, such issues as restraint, charges for care, investigations and case management. Pursuant to 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 such services to the department of developmental services. These 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. These agreements shall not, however, conflict with the department of developmental services' primary responsibility for persons with an intellectual disability regardless of whether those persons are also mentally ill or enrolled in the commonwealth's money follows the person demonstration or related waivers.
This section authorizes EOHHS to enter into agreements with the Department of Disability Services so that DDS and EOHHS can jointly coordinate certain services that are provided for populations covered under the Money Follows the Person program and related Home and Community Based Waivers.