Bill Text: IN SB0267 | 2013 | Regular Session | Engrossed
Bill Title: Mental health matters.
Spectrum: Bipartisan Bill
Status: (Passed) 2013-05-13 - Public Law 188 [SB0267 Detail]
Download: Indiana-2013-SB0267-Engrossed.html
Citations Affected: IC 4-24; IC 12-7; IC 12-9; IC 12-11; IC 12-24;
IC 12-26; IC 34-18; noncode.
Synopsis: Mental health matters. Repeals the definition of "state
developmental center", and removes references to state developmental
centers and the Fort Wayne State Developmental Center, which no
longer exist. Changes references from "managed care providers" to
"community mental health centers" in statutes concerning mental
health home and community based services. Removes a provision
specifying an addictions treatment provider as the gatekeeper for an
individual entering into an addiction program in a state institution.
Requires the commission on mental health and addiction to study
certain topics.
Effective: July 1, 2013.
(HOUSE SPONSORS _ CLERE, BROWN C)
January 8, 2013, read first time and referred to Committee on Health and Provider
Services.
January 17, 2013, reported favorably _ Do Pass.
January 22, 2013, read second time, ordered engrossed.
January 23, 2013, engrossed.
January 28, 2013, read third time, passed. Yeas 49, nays 0.
February 26, 2013, read first time and referred to Committee on Public Health.
March 14, 2013, amended, reported _ Do Pass.
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.
Conflict reconciliation: Text in a statute in this style type or
A BILL FOR 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.
2013]. Sec. 182. "State developmental center", for purposes of
IC 12-11-2.1, refers to an institution listed in IC 12-24-1-1.
(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.
(1) individuals who resided with a family member, relative, or guardian immediately before the community based residential placement; and
(2) individuals being placed from:
(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.
The superintendent shall provide copies of the individual's plan of
discharge or placement to a community mental health center or a
managed care provider serving the area in which the individual will
reside. The plan must include the following:
(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 managed care provider or community
mental health center under subsection (a) recommends or requires that
an individual receive treatment from another treatment provider, the
managed care provider or community mental health center shall
document the following:
(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 managed care provider community
mental health center under subsection (a) recommends or requires
that an individual reside at a location designated by the superintendent
in the plan, the case manager shall monitor whether the individual is
residing at the location.
(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
center shall report these findings to the director.
(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
(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.
