(a) Generally. The Department is responsible for providing a single integrated system for the provision of health and human services with other public and private agencies that provide health and human services in the County. Department services are supportive services that provide the basic necessities, such as food, clothing, and shelter to people, and those services that directly serve and protect the health, mental health, economic well-being, and social functioning of individuals and families. The Department administers programs and provides services in the areas of:
(1) individual and community health services;
(2) public health services; and
(3) human services to clients.
(b) Non-merit positions. The Department has 5 senior level management positions that are non-merit positions. These positions consist of a chief of Public Health Services; a chief of Services to End and Prevent Homelessness; a chief of Aging and Disability Services; a chief of Behavioral Health and Crisis Services; and a chief of Children, Youth, and Family Services. The chief of Public Health Services also serves as the Deputy Health Officer.
(c) Powers of the Department. The Department may:
(1) administer contracts for services;
(2) plan, develop and administer programs;
(3) advise the Council and the County Executive;
(4) collect data on the health status of County residents, including health disparities and inequities, and on the need for services and the effectiveness of programs;
(5) collect fees;
(6) enforce regulations;
(7) engage in programs in cooperation with agencies of the State, the County, other political subdivisions and with private groups;
(8) enter into agreements in order to carry out its duties.
(9) provide information;
(10) maintain vital and case records;
(11) provide consultation;
(12) provide services;
(13) provide training;
(14) operate laboratories;
(15) conduct studies and investigations;
(16) provide direct access to health care;
(17) administer programs to reduce disparities in access to health care, preventive health services, and human services based on gender, race, ethnicity, and poverty;
(18) provide health education and promotion programs; and
(19) carry out any other functions that are necessary to achieve the purposes of this Section.
(d) Duties of the Department.
(1) The Department provides comprehensive health and human services planning and program evaluation.
(2) The Department must carry out functions as authorized and directed by:
(A) the County Executive,
(B) the County Board of Health; and
(C) State and County laws and regulations.
(3) The Department provides staff support to:
(A) the Commission on Children and Youth;
(B) the Commission on Aging;
(C) the Community Action Board;
(D) the Commission on Child Care;
(E) the Commission on People with Disabilities;
(F) the Alcohol and Other Drug Addiction Advisory Council;
(G) the Mental Health Advisory Committee;
(H) the Commission on Juvenile Justice;
(I) the Commission on Health;
(J) the Board of Social Services;
(K) the Adult Public Guardianship Review Board;
(L) the Victim Services Advisory Board;
(M) the Advisory Board for the Montgomery Cares Program;
(N) the Early Childhood Coordinating Council;
(O) the Interagency Commission on Homelessness;
(P) the Commission on Veteran Affairs; and
(Q) any program created to achieve health equity among County residents.
(e) Fees of services.
(1) The County Executive may set fees by regulation under method (3) for use of a service that the Department provides.
(2) The fee must not exceed the cost of the service provided.
(3) The Director may waive a fee if:
(A) the Director decides the waiver would promote the purposes of this Section; and
(B) the client cannot afford to pay the fee. (1995 L.M.C., ch. 13, § 1; 2000 L.M.C., ch. 27, § 1; 2003 L.M.C., ch. 10, § 1; 2003 L.M.C., ch. 34, § 1; 2011 L.M.C., ch. 3, § 1; 2013 L.M.C., ch. 4, § 1; 2015 L.M.C., ch. 24, §1; 2018 L.M.C., ch. 19, §1; 2023 L.M.C., ch. 1, §1; 2023 L.M.C., ch. 12, §1.)
Editor's note-See County Attorney Opinion dated 8/26/04 discussing the extent and limits of the Commission on Health’s authority.
2018 L.M.C., ch. 19, §2, states: Transition. Any regulation that implements a function or describes the duties assigned to the Chief of Special Needs Housing by this Act continues in effect but any reference to the Chief of Special Needs Housing must be treated as a reference to the Chief of Services to End and Prevent Homelessness.
Section 5 of 1995 L.M.C., ch. 13, reads as follows: "Sec. 5. A regulation that implements a function assigned to the Department of Health and Human Services by 1995 LMC ch. 13 continues in effect but is amended to the extent necessary to provide that the regulation is administered by the Director of the Department of Health and Human Services."
2003 L.M.C., ch. 34, § 3, repealed 2000 L.M.C., ch. 27, § 2 (uncodified provision).