53-21-402. Powers and duties of department of public health and human services. The department:

(1) shall contract with nonprofit corporations that demonstrate expertise in and the capability of providing rehabilitative and restorative programs for aged citizens for the operation and management of nursing homes established under this part;

(2) shall ensure that nursing homes established and operated under this part are in compliance with all applicable federal and state regulations;

(3) shall adopt rules for staffing requirements and the admission of patients;

(4) shall provide that first priority for admission to nursing homes established under this part be given to:

(a) Montana state hospital patients who are geriatric; and

(b) people with a primary diagnosis of Alzheimer's disease, other forms of dementia, or traumatic brain injury who:

(i) have been involuntarily committed to the Montana state hospital but no longer need the intensive treatment provided by the hospital; or

(ii) are substantially unable to provide for their basic needs of food, clothing, shelter, health, or safety; and

(5) may accept grants, gifts, bequests, and contributions in money or property or any other form from individuals, corporations, associations, or federal, state, and local government agencies for the purposes of establishing and operating nursing homes under this part.