(1) In order to provide care and suitable and approved medical and surgical treatment, as provided in this chapter for children with a physical disability whose parents or guardians or other persons in whose care they may be, fail, or are financially unable in whole or in part to provide the necessary treatment, the department of health is empowered to accept the responsibility for the treatment of these children for the purpose of providing such medical, surgical, dental, hospital, outpatient clinic service, rehabilitation or domiciliary care, or any service needed to assist such children to minimize the effects of the disability for which they are being treated.
(2) A determination of financial eligibility for service for each of these children shall be made by the director of children's special services of the department.
(3) In making a determination, the director of children's special services shall take into consideration the family income, the number of dependents in the family, the probable total cost of treatment and the other financial responsibilities of the family.
(4) Such determination shall be based on regulations promulgated by the commissioner and approved by the Tennessee public health council [repealed].