Section 52-1-104 - Department powers and duties(a) The department shall:(1) Serve as the state's intellectual and developmental disability authority and be responsible for system planning, setting policy and quality standards, system monitoring and evaluation, disseminating public information, and advocacy for persons of all ages who have an intellectual or developmental disability;(2) Be designated as the sole state agency to plan and administer all state activities related to and authorized under the Older Americans Act (42 U.S.C. § 3001 et seq.), with the exception of Title V activities under the Older Americans Act (42 U.S.C. §§ 3056-3056p), which are administered by the department of labor and workforce development; and(3) Serve as an advocate within the government and the community for older persons and persons with disabilities in this state.(b) The department may:(1) Enter into contractual agreements in furtherance of its functions;(2) Accept grants and gifts of funds and other property of whatever kind from any source, administer the same according to the terms of the grants or gifts, and enter cooperative programs with private and public instrumentalities, including the federal government, to improve services and supports in this state for persons with disabilities and older persons;(3) Enter into contracts with other states, political subdivisions, or corporations chartered in this state or other states for the purpose of providing preventive and treatment services and supports for persons supported by establishing or supporting various facilities in cooperation with the political or corporate bodies;(4) Establish or review pilot projects relating to intellectual or developmental disabilities, including, but not limited to, projects to provide, develop, or plan service and support for its persons supported or their families through direct administration or through contracting with service providers, as well as research, pilot projects, and programs designed to promote and encourage healthy aging. Pilot projects are subject to other state and federal laws;(5) Allocate state funds for projects and programs for persons with disabilities and older persons, subject to the limits of the appropriation by the general assembly, and funds available or received from the federal government for such projects and programs. The department is authorized to accept funds from the federal government and private sources and to administer such funds to achieve its purposes under this title;(6) Make grants to and contracts with, under terms and conditions that the commissioner prescribes, any county, city, state or local government, educational institution, profit or nonprofit corporation, or any combination thereof for the construction, maintenance, or operation of facilities, programs, or an array of high-quality prevention, early intervention, treatment, and habilitation services and supports for persons supported and their families;(7) Enter into cooperative programs for the construction, maintenance, or operation of facilities, programs, or services to provide care, habilitation, and treatment for persons supported;(8) Promulgate and enforce rules that are necessary for the efficient financial management and lawful operation of the facilities, programs, and services;(9) Construct, maintain, and operate the facilities, programs, or services;(10) Conduct evaluations and prepare reports in accordance with the terms of the Older Americans Act and other state and federal laws;(11) Independently, or in coordination with other agencies, conduct research and develop and implement demonstration projects and programs that provide training, education, and services to advance the interests of persons with disabilities and older persons;(12) Independently, or in coordination with other agencies, conduct, develop, and implement research, pilot projects, and programs designed to promote and encourage healthy aging;(13) Stimulate more effective use of existing resources and services for persons with disabilities and older persons and develop programs, opportunities, and services that are not otherwise provided for those persons, with the aim of developing a comprehensive and coordinated system for the delivery of health and social services;(14) Establish a structured information system to gather all data necessary to carry out its duties with respect to planning, needs assessment, standard setting, evaluation, and promotion of the development of services and supports for the person supported population, including persons who may become a person supported. The department shall design the system to avoid duplication of information gathering by other public agencies and to minimize acquisition of personally identifiable person supported information. All public and private providers who serve persons with an intellectual or developmental disability, regardless of whether the provider is licensed under this title or other titles of this code or is unlicensed, shall provide the information required for the information system in a way consistent with this title and other state and federal laws; and(15) Assume temporary operating responsibility of a service provider agency to assure continuity of care and the health and safety of persons supported, if the department determines that an emergency substantially impairs the service provider agency's capacity to provide service to its persons supported and jeopardizes the health or safety of its persons supported.Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.