Bill Text: IN SB0088 | 2011 | Regular Session | Enrolled
Bill Title: Various health issues.
Spectrum: Bipartisan Bill
Status: (Passed) 2011-05-18 - SECTIONS 24 through 32 effective 07/01/2011 [SB0088 Detail]
Download: Indiana-2011-SB0088-Enrolled.html
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in
Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution.
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AN ACT to amend the Indiana Code concerning human services.
"Assisted" means, with respect to a loan:
(1) the payment by the United States or any duly authorized agency of the United States of assistance payments, interest payments, or mortgage reduction payments with respect to such loan; or
(2) the provision of insurance, guaranty, security, collateral, subsidies, or other forms of assistance or aid acceptable to the authority for the making, holding, or selling of a loan from the United States, any duly authorized agency of the United States, or any entity or corporation acceptable to the authority, other than the sponsor.
"Authority" means the Indiana housing and community development authority created by section 3 of this chapter.
"Bonds" or "notes" means the bonds or notes authorized to be issued by the authority under this chapter.
"Community based residential programs" refers to programs developed by the division of mental health and addiction under IC 12-22-2-3.5.
"Development costs" means the costs approved by the authority as
appropriate expenditures and credits which may be incurred by
sponsors, builders, and developers of residential housing prior to
commitment and initial advance of the proceeds of a construction loan
or of a mortgage, including but not limited to:
(1) payments for options to purchase properties on the proposed
residential housing site, deposits on contracts of purchase, or,
with prior approval of the authority, payments for the purchase of
such properties;
(2) legal, organizational, and marketing expenses, including
payments of attorney's fees, project manager, clerical, and other
incidental expenses;
(3) payment of fees for preliminary feasibility studies and
advances for planning, engineering, and architectural work;
(4) expenses for surveys as to need and market analyses;
(5) necessary application and other fees;
(6) credits allowed by the authority to recognize the value of
service provided at no cost by the sponsors, builders, or
developers; and
(7) such other expenses as the authority deems appropriate for the
purposes of this chapter.
"Governmental agency" means any department, division, public
agency, political subdivision, or other public instrumentality of the
state of Indiana, the federal government, any other state or public
agency, or any two (2) or more thereof.
"Construction loan" means a loan to provide interim financing for
the acquisition or construction of single family residential housing,
including land development.
"Mortgage" or "mortgage loan" means a loan to provide permanent
financing for:
(1) the rehabilitation, acquisition, or construction of single family
residential housing, including land development; or
(2) the weatherization of single family residences.
"Mortgage lender" means a bank, trust company, savings bank,
savings association, credit union, national banking association, federal
savings association or federal credit union maintaining an office in this
state, a public utility (as defined in IC 8-1-2-1), a gas utility system
organized under IC 8-1-11.1, an insurance company authorized to do
business in this state, or any mortgage banking firm or mortgagee
authorized to do business in this state and approved by either the
authority or the Department of Housing and Urban Development.
"Land development" means the process of acquiring land primarily
for residential housing construction for persons and families of low and
moderate income and making, installing, or constructing nonresidential
housing improvements, including water, sewer, and other utilities,
roads, streets, curbs, gutters, sidewalks, storm drainage facilities, and
other installations or works, whether on or off the site, which the
authority deems necessary or desirable to prepare such land primarily
for residential housing construction.
"Obligations" means any bonds or notes authorized to be issued by
the authority under this chapter.
"Persons and families of low and moderate income" means persons
and families of insufficient personal or family income to afford
adequate housing as determined by the standards established by the
authority, and in determining such standards the authority shall take
into account the following:
(1) The amount of total income of such persons and families
available for housing needs.
(2) The size of the family.
(3) The cost and condition of housing facilities available in the
different geographic areas of the state.
(4) The ability of such persons and families to compete
successfully in the private housing market and to pay the amounts
at which private enterprise is providing sanitary, decent, and safe
housing.
The standards shall, however, comply with the applicable limitations
of section 4(b) of this chapter.
"Residential facility for children" means a facility:
(1) that provides residential services to individuals who are:
(A) under twenty-one (21) years of age; and
(B) adjudicated to be children in need of services under
IC 31-34 (or IC 31-6-4 before its repeal) or delinquent children
under IC 31-37 (or IC 31-6-4 before its repeal); and
(2) that is:
(A) a child caring institution that is or will be licensed under
IC 31-27;
(B) a residential facility that is or will be licensed under
IC 12-28-5; or
(C) a facility that is or will be certified by the division of
mental health and addiction under IC 12-23.
"Residential facility for persons with a developmental disability"
means a facility that is approved for use in a community residential
program for the developmentally disabled under IC 12-11-1.1.
"Residential facility for persons with a mental illness" means a
facility that is approved by the division of mental health and addiction
for use in a community residential program for the mentally ill under
IC 12-22-2-3(1), IC 12-22-2-3(2), IC 12-22-2-3(3), or IC 12-22-2-3(4).
"Residential housing" means a specific work or improvement
undertaken primarily to provide single or multiple family housing for
rental or sale to persons and families of low and moderate income,
including the acquisition, construction, or rehabilitation of lands,
buildings, and improvements to the housing, and such other
nonhousing facilities as may be incidental or appurtenant to the
housing.
"Sponsors", "builders", or "developers" means corporations,
associations, partnerships, limited liability companies, or other entities
and consumer housing cooperatives organized pursuant to law for the
primary purpose of providing housing to low and moderate income
persons and families.
"State" means the state of Indiana.
"Tenant programs and services" means services and activities for
persons and families living in residential housing, including the
following:
(1) Counseling on household management, housekeeping,
budgeting, and money management.
(2) Child care and similar matters.
(3) Access to available community services related to job training
and placement, education, health, welfare, and other community
services.
(4) Guard and other matters related to the physical security of the
housing residents.
(5) Effective management-tenant relations, including tenant
participation in all aspects of housing administration,
management, and maintenance.
(6) Physical improvements of the housing, including buildings,
recreational and community facilities, safety measures, and
removal of code violations.
(7) Advisory services for tenants in the creation of tenant
organizations which will assume a meaningful and responsible
role in the planning and carrying out of housing affairs.
(8) Procedures whereby tenants, either individually or in a group,
may be given a hearing on questions relating to management
policies and practices either in general or in relation to an
individual or family.
committee" refers to the mental health corrections quality advisory
committee established by subsection (b).
(b) The mental health corrections quality advisory committee is
established. The advisory committee consists of the following
members:
(1) The commissioner of the department or the commissioner's
designee, who shall serve as chairperson of the advisory
committee.
(2) The director of the division of mental health and addiction or
the director's designee.
(3) A representative of a statewide mental health advocacy
organization.
(4) A representative of a statewide mental health provider
organization.
(5) A representative from a medical services organization that
participates in the department's medical services program.
(6) A member with expertise in psychiatric research representing
a postsecondary educational institution.
(7) A pharmacist licensed under IC 25-26 with expertise in mental
health disorders.
The governor shall make the appointments under subdivisions (3)
through (7) for a term of four (4) years and fill any vacancy on the
advisory committee.
(c) The affirmative votes of a majority of the voting members
appointed to the advisory committee are required for the committee to
take action on any measure.
(d) The advisory committee shall advise the department and make
recommendations concerning the department's formulary for
medications for mental health and addictive disorders and consider the
following:
(1) Peer reviewed medical literature.
(2) Observational studies.
(3) Health economic studies.
(4) Input from physicians and patients.
(5) Any other information determined by the advisory committee
to be appropriate.
(e) The department shall report recommendations made by the
advisory committee to the department's medical director.
(f) The department shall report the following information to the
Indiana commission on mental health and addiction (IC 12-21-6.5-2):
(1) The advisory committee's advice and recommendations made
under this section.
(2) The number and types of restrictions implemented by the department and the outcome of each restriction.
(3) The transition of individuals with mental illness into the community and the rate of recidivism.
(4) Any decision by the department to change the mental health care delivery system in which medication is provided to inmates.
(1) defined by the division in rules adopted under IC 4-22-2 to provide a comprehensive continuum of care by a community mental health center or other provider; and
(2) based on recovery focused models of care and that are intended to meet the individual treatment needs of the
behavioral health consumer.
(b) The continuum of care may include the following services:
(1) Wellness programs.
(2) Engagement services.
(3) Outpatient and inpatient services.
(4) Rehabilitative and habilitative services.
(5) Residential care and supported housing.
(6) Acute intensive services.
All services must support prevention and treatment of mental
health and addiction for all populations.
(1) has a psychiatric disorder that substantially impairs the individual's mental health; and
(2) requires care, treatment, training, or detention:
(A) because of the psychiatric disorder; or
(B) for the welfare of the individual or others of the community in which the individual resides.
(1) A physician licensed under IC 25-22.5 who:
(A) is primarily engaged in general practice, family practice, internal medicine, pediatric medicine, or obstetrics and gynecology; and
(B) has entered into a provider agreement for the provision of physician services under IC 12-15-11-4.
(2) A partnership, corporation, or other entity that:
(A) employs or contracts with physicians licensed under IC 25-22.5 who are primarily engaged in general practice, family practice, internal medicine, pediatric medicine, or obstetrics and gynecology; and
(B) has entered into a provider agreement for the provision of physician services under IC 12-15-11-4.
(1) For purposes of IC 12-10-7, the meaning set forth in IC 12-10-7-3.
(2) For purposes of the following statutes, an individual, a partnership, a corporation, or a governmental entity that is enrolled in the Medicaid program under rules adopted under IC 4-22-2 by the office of Medicaid policy and planning:
(A) IC 12-14-1 through IC 12-14-9.5.
(B) IC 12-15, except IC 12-15-32, IC 12-15-33, and IC 12-15-34.
(C) IC 12-17.6.
(3) Except as provided in subdivision (4), for purposes of IC 12-17.2, a person who operates a child care center or child care home under IC 12-17.2.
(4) For purposes of IC 12-17.2-3.5, a person that:
(A) provides child care; and
(B) is directly paid for the provision of the child care under the
federal Child Care and Development Fund voucher program
administered under 45 CFR 98 and 45 CFR 99.
The term does not include an individual who provides services to
a person described in clauses (A) and (B), regardless of whether
the individual receives compensation.
(5) For purposes of IC 12-21-1 through IC 12-29-2, an
organization:
(A) that:
(i) provides mental health services, as defined under 42
U.S.C. 300x-2(c);
(ii) provides addiction services; or
(iii) provides children's mental health services;
(B) that has entered into a provider agreement with the
division of mental health and addiction under IC 12-21-2-7
to provide services in the least restrictive, most
appropriate setting; and
(C) that is operated by one (1) of the following:
(i) A city, town, county, or other political subdivision of
the state.
(ii) An agency of the state or of the United States.
(iii) A political subdivision of another state.
(iv) A hospital owned or operated by a unit of
government or a building authority that is organized for
the purpose of constructing facilities to be leased to units
of government.
(v) A corporation incorporated under IC 23-7-1.1 (before
its repeal August 1, 1991) or IC 23-17.
(vi) An organization that is exempt from federal income
taxation under Section 501(c)(3) of the Internal Revenue
Code.
(vii) A university or college.
senile dementia that is provided because the individual's family
or caretaker is temporarily unable or unavailable to provide
needed care.
(2) For purposes of IC 12-22-1, the meaning set forth in
IC 12-22-1-1.
(1) is a recipient of Medicaid or the federal Supplemental Security Income program;
(2) is incapable of residing in the individual's own home because of dementia, mental illness, or a physical disability;
(3) requires a degree of care less than that provided by a health care facility licensed under IC 16-28;
(4) can be adequately cared for in a residential care setting; and
(5) has not made any asset transfer prohibited under the state plan or in 42 U.S.C. 1396p(c) in order to be eligible for Medicaid.
(b) Individuals with mental retardation may not be admitted to a home or facility that provides residential care under this section.
(c) A service coordinator employed by the division may:
(1) evaluate a person seeking admission to a home or facility under subsection (a); or
(2) evaluate a person who has been admitted to a home or facility under subsection (a), including a review of the existing evaluations in the person's record at the home or facility.
If the service coordinator determines the person evaluated under this subsection has mental retardation, the service coordinator may recommend an alternative placement for the person.
(d) Except as provided in section 5 of this chapter, residential care consists of only room, board, and laundry, along with minimal administrative direction. State financial assistance may be provided for such care in a boarding or residential home of the applicant's choosing that is licensed under IC 16-28 or a Christian Science facility listed and certified by the Commission for Accreditation of Christian Science Nursing Organizations/Facilities, Inc., that meets certain life safety standards considered necessary by the state fire marshal. Payment for such care shall be made to the provider of the care according to
division directives and supervision. The amount of nonmedical
assistance to be paid on behalf of a recipient living in a boarding home,
residential home, or Christian Science facility shall be based on the
daily rate established by the division. The rate for facilities that are
referred to in this section and licensed under IC 16-28 may not exceed
an upper rate limit established by a rule adopted by the division. The
recipient may retain from the recipient's income a monthly personal
allowance of fifty-two dollars ($52). This amount is exempt from
income eligibility consideration by the division and may be exclusively
used by the recipient for the recipient's personal needs. However, if the
recipient's income is less than the amount of the personal allowance,
the division shall pay to the recipient the difference between the
amount of the personal allowance and the recipient's income. A reserve
or an accumulated balance from such a source, together with other
sources, may not be allowed to exceed the state's resource allowance
allowed for adults eligible for state supplemental assistance or
Medicaid as established by the rules of the office of Medicaid policy
and planning.
(e) In addition to the amount that may be retained as a personal
allowance under this section, an individual shall be allowed to retain
an amount equal to the individual's state and local income tax liability.
The amount that may be retained during a month may not exceed
one-third (1/3) of the individual's state and local income tax liability for
the calendar quarter in which that month occurs. This amount is
exempt from income eligibility consideration by the division. The
amount retained shall be used by the individual to pay any state or local
income taxes owed.
(f) In addition to the amounts that may be retained under
subsections (d) and (e), an eligible individual may retain a Holocaust
victim's settlement payment. The payment is exempt from income
eligibility consideration by the division.
(g) The rate of payment to the provider shall be determined in
accordance with a prospective prenegotiated payment rate predicated
on a reasonable cost related basis, with a growth of profit factor, as
determined in accordance with generally accepted accounting
principles and methods, and written standards and criteria, as
established by the division. The division shall establish an
administrative appeal procedure to be followed if rate disagreement
occurs if the provider can demonstrate to the division the necessity of
costs in excess of the allowed or authorized fee for the specific
boarding or residential home. The amount may not exceed the
maximum established under subsection (d).
(h) The personal allowance for one (1) month for an individual described in subsection (a) is the amount that an individual would be entitled to retain under subsection (d) plus an amount equal to one-half (1/2) of the remainder of:
(1) gross earned income for that month; minus
(2) the sum of:
(A) sixteen dollars ($16); plus
(B) the amount withheld from the person's paycheck for that month for payment of state income tax, federal income tax, and the tax prescribed by the federal Insurance Contribution Act (26 U.S.C. 3101 et seq.); plus
(C) transportation expenses for that month; plus
(D) any mandatory expenses required by the employer as a condition of employment.
(i) An individual who, before September 1, 1983, has been admitted to a home or facility that provides residential care under this section is eligible for residential care in the home or facility.
(j) The director of the division may contract with the division of mental health and addiction or the division of disability and rehabilitative services to purchase services for individuals with a mental illness or a developmental disability by providing money to supplement the appropriation for community based residential care programs established under IC 12-22-2 or community based residential programs established under IC 12-11-1.1-1.
(k) A person with a mental illness may not be placed in a Christian Science facility listed and certified by the Commission for Accreditation of Christian Science Nursing Organizations/Facilities, Inc., unless the facility is licensed under IC 16-28.
(1) Establish long term goals of the state for the provision of a continuum of care for the elderly and individuals with a disability based on the following:
(A) Individual independence, dignity, and privacy.
(B) Long term care services that are:
(i) integrated, accessible, and responsible; and
(ii) available in home and community settings.
(C) Individual choice in planning and managing long term care.
(D) Access to an array of long term care services:
(i) for an individual to receive care that is appropriate for the
individual's needs; and
(ii) to enable a case manager to have cost effective
alternatives available in the construction of care plans and
the delivery of services.
(E) Long term care services that include home care,
community based services, assisted living, congregate care,
adult foster care, and institutional care.
(F) Maintaining an individual's dignity and self-reliance to
protect the fiscal interests of both taxpayers and the state.
(G) Long term care services that are fiscally sound.
(H) Services that:
(i) promote behavioral health; and
(ii) prevent and treat mental illness and addiction.
(2) Review state policies on community and home care services.
(3) Recommend the adoption of rules under IC 4-22-2.
(4) Recommend legislative changes affecting community and
home care services.
(5) Recommend the coordination of the board's activities with the
activities of other boards and state agencies concerned with
community and home care services.
(6) Evaluate cost effectiveness, quality, scope, and feasibility of
a state administered system of community and home care
services.
(7) Evaluate programs for financing services to those in need of
a continuum of care.
(8) Evaluate state expenditures for community and home care
services, taking into account efficiency, consumer choice,
competition, and equal access to providers.
(9) Develop policies that support the participation of families and
volunteers in meeting the long term care needs of individuals.
(10) Encourage the development of funding for a continuum of
care from private resources, including insurance.
(11) Develop a cost of services basis and a program of cost
reimbursement for those persons who can pay all or a part of the
cost of the services rendered. The division shall use this cost of
services basis and program of cost reimbursement in
administering IC 12-10-10. The cost of services basis and
program of cost reimbursement must include a client cost share
formula that:
(A) imposes no charges for an eligible individual whose
income does not exceed one hundred fifty percent (150%) of
the federal income poverty level; and
(B) does not impose charges for the total cost of services provided to an individual under the community and home options to institutional care for the elderly and disabled program unless the eligible individual's income exceeds three hundred fifty percent (350%) of the federal income poverty level.
The calculation of income for an eligible individual must include the deduction of the individual's medical expenses and the medical expenses of the individual's spouse and dependent children who reside in the eligible individual's household.
(12) Establish long term goals for the provision of guardianship services for adults.
(13) Coordinate activities and programs with the activities of other boards and state agencies concerning the provision of guardianship services.
(14) Recommend statutory changes affecting the guardianship of indigent adults.
(15) Review a proposed rule concerning home and community based services as required under section 9 of this chapter.
(1) Organize the division, create the appropriate personnel positions, and employ personnel necessary to discharge the statutory duties and powers of the division or a bureau of the division.
(2) Subject to the approval of the state personnel department, establish personnel qualifications for all deputy directors, assistant directors, bureau heads, and superintendents.
(3) Subject to the approval of the budget director and the governor, establish the compensation of all deputy directors, assistant directors, bureau heads, and superintendents.
(4) Study the entire problem of mental health, mental illness, and addictions existing in Indiana.
(5) Adopt rules under IC 4-22-2 for the following:
(A) Standards for the operation of private institutions that are licensed under IC 12-25 for the diagnosis, treatment, and care of individuals with psychiatric disorders, addictions, or other abnormal mental conditions.
(B) Licensing or certifying community residential programs described in IC 12-22-2-3.5 for individuals with serious mental illness (SMI), serious emotional disturbance (SED), or chronic addiction (CA) with the exception of psychiatric residential treatment facilities.
(i) Criteria and procedures to justify the change to the boundaries of a community mental health center's primary service area.
(ii) Criteria and procedures to justify the change of an assignment of a community mental health center to a primary service area.
(iii) A provision specifying that the criteria and procedures determined in items (i) and (ii) must include an option for the county and the community mental health center to initiate a request for a change in primary service area or provider assignment.
(iv) A provision specifying the criteria and procedures determined in items (i) and (ii) may not limit an eligible consumer's right to choose or access the services of any provider who is certified by the division of mental health and addiction to provide public supported mental health services.
(6) Institute programs, in conjunction with an accredited college or university and with the approval, if required by law, of the commission for higher education, for the instruction of students of mental health and other related occupations. The programs may be designed to meet requirements for undergraduate and postgraduate degrees and to provide continuing education and research.
(7) Develop programs to educate the public in regard to the prevention, diagnosis, treatment, and care of all abnormal mental conditions.
(8) Make the facilities of the Larue D. Carter Memorial Hospital available for the instruction of medical students, student nurses, interns, and resident physicians under the supervision of the faculty of the Indiana University School of Medicine for use by the school in connection with research and instruction in psychiatric disorders.
(9) Institute a stipend program designed to improve the quality and quantity of staff that state institutions employ.
(10) Establish, supervise, and conduct community programs, either directly or by contract, for the diagnosis, treatment, and prevention of psychiatric disorders.
(11) Adopt rules under IC 4-22-2 concerning the records and data to be kept concerning individuals admitted to state institutions, community mental health centers, or
and
(C) maintenance of care under the direction of a physician.
(4) Crisis care is available.
(c) Funding for services under subsection (a)(12) shall be provided
by the division through the reallocation of existing appropriations. The
need of the patients is a priority for services. The division shall adopt
rules to implement subsection (a)(12) before July 1, 1995.
(b) The director shall determine to whom contracts are awarded, based on the following factors:
(1) The continuity of services a contractor provides for patients.
(2) The accessibility of a contractor's services to patients.
(3) The acceptability of a contractor's services to patients.
(4) A contractor's ability to focus services on building the self-sufficiency of the patient.
(c) This subsection applies to the reimbursement of contract payments to
(1) serve individuals with a mental illness or substance abuse patients; and
(2) are subject to quality and safety standards and laws.
(d) Before entering into a contract under this section, the director shall submit the contract to the attorney general for approval as to form and legality.
(e) A contract under this section must do the following:
(1) Specify:
(A) the work to be performed; and
(B) the patient populations to whom services must be provided.
(2) Provide for a reduction in funding or termination of the contract for failure to comply with terms of the contract.
(3) Require that the contractor meet the standards set forth in rules adopted by the division of mental health and addiction under IC 4-22-2.
(4) Require that the contractor participate in the division's evaluation process.
(5) For any service for which the division chooses to contract on a per diem basis, the per diem reimbursement shall be determined under subsection (c) for the contractor's reasonable cost of providing services.
(6) In contracts with capitated payment provisions, provide that the contractor's cost of purchasing stop-loss insurance for the patient populations to be served in amounts and with limits customarily purchased by prepaid health care plans must be:
(A) included in the actuarial determination of the capitated payment amounts; or
(B) separately paid to the contractor by the division.
(7) Provide that a contract for enumerated services granted by the division under this section to an approved
(b) The workforce development task force for mental health and addiction is established.
(c) The task force consists of the following individuals to be appointed by the governor:
(1) One (1) representative from the division of mental health and addiction (IC 12-21-1-1) who shall serve as chairperson of the task force.
(2) One (1) representative from the state department of health
(IC 16-19-3-1).
(3) One (1) representative from the department of education
(IC 20-19-3-1).
(4) One (1) representative from the department of correction
(IC 11-8-2-1).
(5) One (1) representative from the Indiana professional licensing agency (IC 25-1-5-3).
(6) One (1) representative from the Indiana department of veterans' affairs (IC 10-17-1-2).
(7) One (1) representative from the commission on Hispanic/Latino affairs (IC 4-23-28-2).
(8) Two (2) representatives of different advocacy groups for consumers of mental health services.
(9) One (1) representative from a statewide coalition that
represents minority health issues.
(10) One (1) member of the Indiana commission on mental health
and addiction (IC 12-21-6.5-2).
(11) One (1) representative of community mental health centers.
(12) One (1) representative from a college or university from a
program for an undergraduate degree in social work.
(13) One (1) representative from a college or university with a
school of nursing.
(14) One (1) psychologist licensed under IC 25-33 and engaged
in private practice.
(15) One (1) representative from the Indiana University School of
Medicine, department of psychiatry.
(16) One (1) representative from the Indiana University School of
Medicine, department of:
(A) pediatrics; or
(B) internal medicine.
(17) One (1) representative from Riley Hospital for Children
specializing in:
(A) infant; or
(B) toddler;
mental health.
(18) One (1) representative from Ivy Tech Community College,
human service degree program.
(19) Two (2) representatives of consumers.
(d) The division of mental health and addiction shall provide staff
for the task force.
(e) The task force shall study the following issues concerning
individuals with mental illness:
(1) Increases in wages and other compensation for difficult to
recruit mental health and addiction professional classifications.
(2) Loan repayment programs to attract individuals in
classifications that provide services in mental health and
addiction programs.
(3) Tuition reimbursement, including license and certification
fees, for individuals in classifications that provide services in
mental health and addiction programs.
(4) Internship opportunities for individuals in classifications that
provide services in mental health and addiction programs.
(5) Mentoring opportunities for individuals in classifications that
provide services in mental health and addiction programs.
(6) Revision of curriculum in master's, doctorate, and medical
level programs to require courses in mental health and addiction.
(7) Marketing programs offering sign-on bonuses and referral incentives for difficult to recruit mental health and addiction professional classifications.
(8) Medical rate setting, including comparison of the state's rate with similar states.
(f) The task force shall present findings and make recommendations to the Indiana commission on mental health not later than August 2011.
(g) This section expires December 31, 2011.
(1) Adopt rules under IC 4-22-2 to establish and maintain criteria to determine patient eligibility and priority for publicly supported mental health and addiction services. The rules must include criteria for patient eligibility and priority based on the following:
(A) A patient's income.
(B) A patient's level of daily functioning.
(C) A patient's prognosis.
(2) Within the limits of appropriated funds, contract with a network of
(3) Require the providers of services funded directly by the division to be in good standing with an appropriate accrediting body as required by rules adopted under IC 4-22-2 by the division.
(4) Develop a provider profile that must be used to evaluate the performance of a
(A) information provided to the patient on patient rights before treatment;
(B) accessibility, acceptability, and continuity of services provided or requested; and
(C) total cost of care per individual, using state administered funds.
(5) Ensure compliance with all other performance criteria set forth in a provider contract. In addition to the requirements set forth in IC 12-21-2-7, a provider contract must include the
following:
(A) A requirement that the standards and criteria used in the
evaluation of care plans be available and accessible to the
patient.
(B) A requirement that the provider involve the patient in the
choice of and preparation of the treatment plan to the greatest
extent feasible.
(C) A provision encouraging the provider to intervene in a
patient's situation as early as possible, balancing the patient's
right to liberty with the need for treatment.
(D) A requirement that the provider set up and implement an
internal appeal process for the patient.
(6) Establish a toll free telephone number that operates during
normal business hours for individuals to make comments to the
division in a confidential manner regarding services or service
providers.
(7) Develop a confidential system to evaluate complaints and
patient appeals received by the division of mental health and
addiction and to take appropriate action regarding the results of
an investigation. A managed care provider is entitled to request
and to have a hearing before information derived from the
investigation is incorporated into the provider's profile.
Information contained within the provider profile is subject to
inspection and copying under IC 5-14-3-3.
(8) Submit a biennial report to the governor and legislative
council that includes an evaluation of the continuum of care. A
report submitted under this subdivision to the legislative council
must be in an electronic format under IC 5-14-6.
(9) Conduct an actuarial analysis every four (4) years beginning
July 1, 2000.
(10) Annually determine sufficient rates to be paid for services
contracted with managed care providers who are awarded a
contract under IC 12-21-2-7.
(11) Take actions necessary to assure the quality of services
required by the continuum of care under this chapter.
(12) Incorporate the results from the actuarial analysis in
subdivision (9) to fulfill the responsibilities of this section.
(1) The speaker of the house of representatives and the president pro tempore of the senate shall each appoint two (2) legislative members, who may not be from the same political party, to serve on the commission.
(2) The governor shall appoint thirteen (13) lay members, not more than seven (7) of whom may be from the same political party, to serve on the commission for a term of four (4) years as follows:
(A) Four (4) at-large members, not more than two (2) of whom may be from the same political party.
(B) Two (2) consumers of mental health or addiction services.
(C) Two (2) representatives of different advocacy groups for consumers of mental health or addiction services.
(D) Two (2) members of families of consumers of mental health or addiction services.
(E) Three (3) members who represent mental health or addiction providers. One (1) of the members appointed under this clause must be a representative of a for-profit psychiatric provider. One (1) of the members appointed under this clause must be a physician licensed under IC 25-22.5.
(3) The governor shall ensure that the members appointed under subdivision (2) represent all geographic areas of Indiana.
(b) The members appointed under section 3(2) of this chapter shall serve without receiving per diem or traveling expenses.
(1) Study and evaluate the funding system for mental health and addiction services in Indiana.
(2) Review and make specific recommendations regarding the provision of mental health and addiction services delivered by community providers and state operated hospitals. The review and recommendations must cover services to all age groups including children, youth, and adults.
(3) Review and make recommendations regarding any unmet need for public supported mental health and addiction services:
(A) in any specific geographic area; or
(B) throughout Indiana.
In formulating recommendations, the commission shall consider the need, feasibility, and desirability of including additional organizations in the network of providers of mental health and addiction services.
(4) Monitor the implementation of managed care for
(5) Make recommendations regarding the commission's findings to the appropriate division or department of state government.
operate or hold itself out as operating a group home for individuals with serious mental illness (SMI), serious emotional disturbance (SED), or chronic addiction (CA) unless
(b) The division of mental health and addiction shall investigate a report of:
(1) an unlicensed facility housing a community residential program described in
(2) an uncertified operator of a community residential program described in
(3) a licensed or certified entity's noncompliance with this article;
and report the division's findings to the attorney general.
(c) The attorney general may do the following:
(1) Seek the issuance of a search warrant to assist in an investigation under this section.
(2) File an action for injunctive relief to stop the operation of a facility described in subsection (b) if there is reasonable cause to believe that:
(A) the facility or the operator of a community residential program described in subsection (b) is operating without a required license or certification; or
(B) a licensed or certified entity's actions or omissions create an immediate danger of serious bodily injury to an individual with a mental illness or an imminent danger to the health of an individual with a mental illness.
(3) Seek in a civil action a civil penalty of not more than one hundred dollars ($100) a day for each day a facility is operating:
(A) without a license or certification required by law; or
(B) with a license or certification required under this chapter, but is not in compliance with this article, IC 12-21-2-3, or rules adopted under this article or IC 12-21-2-3.
(d) The division of mental health and addiction may provide for the removal of individuals with a mental illness from facilities for individuals with a mental illness described in subsection (c).
(e) There must be an opportunity for an informal meeting with the division of mental health and addiction after injunctive relief is ordered under this section.
(f) The civil penalties collected under this section must be deposited in the mental health centers fund (IC 6-7-1-32.1).
(1) have a primary diagnosis of chronic substance abuse and dependence; and
(2) are without significant or immediate treatment needs for mental illness or serious emotional disturbance.
(b) The amount designated in subsection (a) shall be distributed to specialty addiction providers that serve the eligible population to provide consumer choice based on outcomes determined by the division.
(1) Integrates services.
(2) Facilitates provision of appropriate services to patients.
(3) Ensures continuity of care,
(4) Provides services that:
(A) promote behavioral health; and
(B) prevent and treat mental illness and addiction.
(b) Except as provided in subsection (c), the individual may be transferred from the outpatient therapy program to one (1) of the following:
(1) The inpatient unit of the facility that has the original commitment.
IC 12-22-2-3(2)).
(3) A sub-acute stabilization facility.
(2) A community based residential program under
IC 12-22-2-3.5.
(c) The individual may not be transferred to a supervised group
living program or a sub-acute stabilization facility community based
residential program under IC 12-22-2-3.5 unless in the opinion of
the individual's attending physician:
(1) it is not necessary for the individual to receive acute care
inpatient treatment; and
(2) the individual is in need of either a supervised group living
program or a sub-acute stabilization facility. community based
residential program under IC 12-22-2-3.5.
(d) The individual may not be imprisoned or confined in a jail or
correctional facility unless the individual has been placed under arrest.
(e) A facility to which an individual is transferred under subsection
(b) shall immediately notify the court of the transfer. A transfer to a
facility under subsection (b) is subject to review under section 6 of this
chapter upon petition by the individual who was transferred.
(b) In addition to any other appropriation under this article, the county annually may fund each center serving the county from the county's general fund in an amount not exceeding the following:
(1) For 2004, the product of the amount determined under section 2(b)(1) of this chapter multiplied by seven hundred fifty-two thousandths (0.752).
(2) For 2005 and each year thereafter, the product of the amount determined under section 2(b)(2) of this chapter for that year multiplied by seven hundred fifty-two thousandths (0.752).
(d) Money appropriated under this section must be:
(1) budgeted under IC 6-1.1-17; and
(2) included in the center's budget submitted to the division of mental health and addiction.
(e) Permission for a levy increase in excess of the levy limitations
may be ordered under IC 6-1.1-18.5-15 only if the levy increase is
approved by the division of mental health and addiction for a
community mental health center.
; (11)SE0088.1.31. --> SECTION 31. THE FOLLOWING ARE REPEALED [EFFECTIVE JULY 1, 2011]: IC 12-7-2-167; IC 12-7-2-188.7; IC 12-22-1; IC 12-22-2-3; IC 12-22-2-4; IC 12-22-2-6; IC 12-22-2-7; IC 12-22-2-8; IC 12-22-2-9; IC 12-22-2-10; IC 12-22-3; IC 12-24-19-2.
(b) This SECTION expires December 1, 2011.
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