36-189. State participation in establishment
and maintenance of local health departments and local health
services


A. The department of health services may use funds at its disposal and not
otherwise appropriated to match funds provided by cities and counties to establish and
maintain local health department services for any city or county, on such reasonable
terms as it establishes by rule. From the appropriation made for purposes of this
section, the department of health services shall reimburse local health departments,
which meet minimum standards of personnel and performance established by the director of
the department of health services and, upon submission and approval of a plan and budget
by such local health departments, fifty per cent of the portion of the total approved
budget not in excess of one dollar twenty-five cents per capita or a prorated portion
thereof if sufficient funds are not available to meet the approved requests. If annual
expenditures of the local health department are less than the amount budgeted, the total
state reimbursement to such department for the year shall not exceed the appropriate per
cent of the amount actually expended by such local health department. The department of
health services may, in addition, provide federal funds or services for demonstrations,
studies and special projects, or for emergencies.


B. The division of behavioral health in the department of health services may use
funds at its disposal, including federal funds available to the state for this purpose,
and not otherwise appropriated to contract for the establishment and maintenance of local
mental health facilities and services to be provided by either private or public
agencies. Funds available for this purpose shall be expended only for local mental health
facilities and services. The division of behavioral health in the department of health
services shall advance or reimburse funds to local agencies that have submitted and
obtained approval of an annual plan and budget. The annual amount of state matching
funds provided shall not exceed seventy-five per cent of the total annual amount of funds
and value of in-kind resources used by the agency to establish and maintain local mental
health facilities and services.