(a) The department shall identify and contract with a local intellectual and developmental disability authority for each service area to ensure that services are provided to client populations determined by the department. A local intellectual and developmental disability authority shall ensure that services to address the needs of priority populations are provided as required by the department and shall comply with the rules and standards adopted under Section 534.102.
(b) The department may contract with a local agency or a private provider or organization to act as a designated provider of a service if the department:
(1) cannot negotiate a contract with a local intellectual and developmental disability authority to ensure that a specific required service for priority populations is available in that service area; or
(2) determines that a local intellectual and developmental disability authority does not have the capacity to ensure the availability of that service.