Bill Text: IN SB0267 | 2013 | Regular Session | Enrolled
Bill Title: Mental health matters.
Spectrum: Bipartisan Bill
Status: (Passed) 2013-05-13 - Public Law 188 [SB0267 Detail]
Download: Indiana-2013-SB0267-Enrolled.html
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AN ACT to amend the Indiana Code concerning human services.
(b) Any interest or income derived from the deposit or investment of funds held in trust for any patient or inmate shall be transferred from such trust fund to a special fund to be known as the "patients' recreation fund" or "inmates' recreation fund"; provided, that in the event a trust fund has been established in any institution, which trust fund is in existence on July 1, 1957, and there is a deficiency in the amount of money that properly belongs in such trust fund, the income derived from any trust fund established under the provisions of this chapter shall be paid into the trust fund until the deficiency has been fully paid.
(1) covered under a self-insurance program established under section 7(b) of this chapter to provide group health coverage; or
(2) entitled to health services under a contract with a prepaid
health care delivery plan that is entered into or renewed under
section 7(c) of this chapter.
(b) As used in this section, "pervasive developmental "autism
spectrum disorder" means a neurological condition, including
Asperger's syndrome and autism, as defined in the most recent edition
of the Diagnostic and Statistical Manual of Mental Disorders of the
American Psychiatric Association.
(c) A self-insurance program established under section 7(b) of this
chapter to provide health care coverage must provide a covered
individual with coverage for the treatment of a pervasive
developmental an autism spectrum disorder. Coverage provided
under this section is limited to treatment that is prescribed by the
covered individual's treating physician in accordance with a treatment
plan. A self-insurance program may not deny or refuse to issue
coverage on, refuse to contract with, or refuse to renew, refuse to
reissue, or otherwise terminate or restrict coverage on, an individual
under an insurance policy or health plan solely because the individual
is diagnosed with a pervasive developmental an autism spectrum
disorder.
(d) A contract with a prepaid health care delivery plan that is
entered into or renewed under section 7(c) of this chapter must provide
a covered individual with services for the treatment of a pervasive
developmental an autism spectrum disorder. Services provided under
this section are limited to treatment that is prescribed by the covered
individual's treating physician in accordance with a treatment plan. A
prepaid health care delivery plan may not deny or refuse to provide
services to, or refuse to renew, refuse to reissue, or otherwise terminate
or restrict services to, an individual solely because the individual is
diagnosed with a pervasive developmental an autism spectrum
disorder.
(e) The coverage required by subsection (c) and services required
by subsection (d) may not be subject to dollar limits, deductibles,
copayments, or coinsurance provisions that are less favorable to a
covered individual than the dollar limits, deductibles, copayments, or
coinsurance provisions that apply to physical illness generally under
the self-insurance program or contract with a prepaid health care
delivery plan.
(b) "Autism", for purposes of IC 12-11-1.1-6 and IC 12-28-4-13,
refers to the characteristics of a neurological disorder that is described
in the most recent edition of the Diagnostic and Statistical Manual of
Mental Disorders Fourth Edition, Washington, of the American
Psychiatric Association. 1994, pages 70 and 71.
(1) owned or operated by the state;
(2) for the observation, care, treatment, or detention of an individual; and
(3) under the administrative control of a division.
(b) The term includes the following:
(1) Evansville State Hospital.
(2) Evansville State Psychiatric Treatment Center for Children.
with a developmental disability in a community based setting, the
bureau shall give equal consideration based on need between:
(1) individuals who resided with a family member, relative, or
guardian immediately before the community based residential
placement; and
(2) individuals being placed from:
(A) a state developmental center;
(B) (A) an intermediate care facility; or
(C) (B) a nursing facility.
(1) Contact:
(A) the patient; or
(B) the patient's parent or guardian if the patient is not competent.
(2) Explain the types of services that are available to the patient in the area in which the patient will reside.
(1) A copy of the papers authorizing the discharge or placement.
(2) An assessment of the individual's mental health.
(3) The superintendent's recommendations concerning the follow-up treatment services and the specific residential placement that the individual should receive after the individual is discharged or placed.
(4) If the individual has been placed on outpatient status, a description of the conditions relating to the individual's placement.
(b) If the plan provided to the
(1) Whether the initial contact with the treatment provider occurred.
(2) Whether treatment was rendered according to the recommendations in the individual's plan.
(3) What changes, if any, were made in the individual's plan by the treatment provider.
(c) If the plan provided to the
(1) the discharged or placed individual;
(2) the treatment provider;
(3) the residential provider; or
(4) the state institution from which the individual has been discharged or placed;
and attempt to resolve any problems.
(b) If the treatment or residential problems continue and are significant, the
(1) For an individual with a psychiatric disorder, the community mental health center that submitted the report to the committing court under IC 12-26.
(2) For an individual with a developmental disability, a division of disability and rehabilitative services service coordinator under IC 12-11-2.1.
(b) The division is the gatekeeper for the following:
(1) An individual who is found to have insufficient comprehension to stand trial under IC 35-36-3.
(2) An individual who is found to be not guilty by reason of insanity under IC 35-36-2-4 and is subject to a civil commitment under IC 12-26.
(3) An individual who is immediately subject to a civil commitment upon the individual's release from incarceration in a facility administered by the department of correction or the Federal Bureau of Prisons, or upon being charged with or convicted of a forcible felony (as defined by IC 35-31.5-2-138).
(4) An individual placed under the supervision of the division for addictions treatment under IC 12-23-7 and IC 12-23-8.
(5) An individual transferred from the department of correction under IC 11-10-4.
(1) transfer from a mental health institution to a community residential setting; or
(2) discharge from a mental health institution.
(b) The transitional care program shall assist consumers in making a smooth adjustment to community living and operate in collaboration with a
(c) Resources for the program shall come from the total appropriation for the facility, and may be adjusted to meet the needs of consumer demand by the director.
(d) Each state institution administered by the division of mental health and addiction shall establish a transitional care program with adequate staffing patterns and employee skill levels for patients' transitional care needs where clinically appropriate.
(e) The transitional care program shall be staffed by transitional care specialists and at least one (1) transitional care case manager.
(f) A transitional care case manager must have at least a bachelor's degree and be trained in transitional care.
(g) Psychiatric attendants working in this program shall be trained, classified, and compensated as appropriate for a transitional care specialist.
(b) The notice required under subsection (a) shall be given to the petitioner and other person designated by the court at least twenty (20) days before the end of the commitment period.
(c) A court may not order the director of a community mental health center
(1) A structural deformation.
(2) A developmental malformation.
(3) A genetic, inherited, or biochemical disease.
(4) A condition of a chronic nature, including central nervous system hemorrhage or infection of the central nervous system, that may result in a need for long term health care.
(5)
is recognized in a child before the child becomes five (5) years of
age.
(6) A fetal alcohol spectrum disorder that is recognized before a
child becomes five (5) years of age.
(7) Any other severe disability that is:
(A) designated in a rule adopted by the state department; and
(B) recognized in a child after birth and before the child
becomes three (3) years of age.
(1) conduct epidemiologic and environmental studies and to apply appropriate preventive and control measures;
(2) inform the parents of children with birth problems:
(A) at the time of discharge from the hospital; or
(B) if a birth problem is diagnosed during a physician or hospital visit that occurs before the child is:
(i) except as provided in item (ii), three (3) years of age at the time of diagnosis; or
(ii) five (5) years of age at the time of diagnosis if the disorder is
about physicians, care facilities, and appropriate community resources, including local step ahead agencies and the infants and toddlers with disabilities program (IC 12-12.7-2); or
(3) inform citizens regarding programs designed to prevent or reduce birth problems.
(b) The state department shall record in the birth problems registry:
(1) all data concerning birth problems of children that are provided from the certificate of live birth; and
(2) any additional information that may be provided by an individual or entity described in section 7(a)(2) of this chapter concerning a birth problem that is:
(A) designated in a rule adopted by the state department; and
(B) recognized:
(i) after the child is discharged from the hospital as a newborn;
(ii) before the child is five (5) years of age if the child is
diagnosed with a pervasive developmental an autism
spectrum disorder or a fetal alcohol spectrum disorder; and
(iii) before the child is three (3) years of age for any
diagnosis not specified in item (ii).
(c) The state department shall:
(1) provide a physician and a local health department with
necessary forms for reporting under this chapter; and
(2) report in an electronic format under IC 5-14-6 to the
legislative council any birth problem trends that are identified
through the data collected under this chapter.
(b) The coverage required under this section may not be subject to dollar limits, deductibles, or coinsurance provisions that are less favorable to an insured than the dollar limits, deductibles, or coinsurance provisions that apply to physical illness generally under the accident and sickness insurance policy.
restrict coverage on an individual under an insurance policy solely
because the individual is diagnosed with a pervasive developmental an
autism spectrum disorder.
(b) The coverage that must be offered under this section may not be
subject to dollar limits, deductibles, or coinsurance provisions that are
less favorable to an insured than the dollar limits, deductibles, or
coinsurance provisions that apply to physical illness generally under
the accident and sickness insurance policy.
(b) A group contract with a health maintenance organization that provides basic health care services must provide services for the treatment of
(c) The services required under subsection (b) may not be subject to dollar limits, deductibles, copayments, or coinsurance provisions that are less favorable to an enrollee than the dollar limits, deductibles, copayments, or coinsurance provisions that apply to physical illness generally under the contract with the health maintenance organization.
(d) A health maintenance organization that enters into an individual contract that provides basic health care services must offer to provide services for the treatment of
(e) The services that must be offered under subsection (d) may not
be subject to dollar limits, deductibles, copayments, or coinsurance
provisions that are less favorable to an enrollee than the dollar limits,
deductibles, copayments, or coinsurance provisions that apply to
physical illness generally under the contract with the health
maintenance organization.
(b) During the 2013 legislative interim, the commission shall review, discuss revisions regarding, and make recommendations regarding the continued implementation of the children's social, emotional, and behavioral health plan, as developed under IC 20-19-5. The commission shall consider comments and recommendations from governmental agencies and interested parties.
(c) This SECTION expires December 31, 2013.
(b) During the 2013 legislative interim, the commission shall review the operation of existing mental health crisis intervention teams operating in Indiana and make recommendations concerning the best practices necessary to encourage the creation and development of mental health crisis intervention teams in Indiana.
(c) This SECTION expires December 31, 2013.
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