January 7, 2002, read first time and referred to Committee on Rules and Legislative
Second Regular Session 112th General Assembly (2002)
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SENATE BILL No. 278
A BILL FOR AN ACT concerning human services.
Be it enacted by the General Assembly of the State of Indiana:
SECTION 1. P.L.37-1998, SECTION 3, IS AMENDED TO READ
AS FOLLOWS [EFFECTIVE DECEMBER 31, 2001
(RETROACTIVE)]: SECTION 3. (a) As used in this SECTION,
"commission" refers to the Indiana commission on mental health
established by this SECTION.
(b) The Indiana commission on mental health is established.
(c) The commission consists of sixteen (16) members. 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. The
governor shall appoint twelve (12) lay members, not more than six (6)
of whom may be from the same political party, to serve on the
commission as follows:
(1) Four (4) at-large members, not more than two (2) of whom
may be from the same political party.
(2) Two (2) consumers of mental health services.
(3) Two (2) representatives of different advocacy groups for
consumers of mental health services.
(4) Two (2) members of families of consumers of mental health
(5) Two (2) members who represent mental health providers. One
(1) of the members appointed under this subdivision must be a
physician licensed under IC 25-22.5.
(d) Except for the members appointed under subsection (c)(5), the
members of the commission may not have a financial interest in the
subject matter to be studied by the commission.
(e) The chairman of the legislative council shall designate a
legislative member of the commission to serve as chairman of the
(f) Each legislative member and each lay member of the
commission is entitled to receive the same per diem, mileage, and
travel allowances paid to individuals serving as legislative and lay
members, respectively, on interim study committees established by the
(g) The commission shall do the following:
(1) Study and evaluate the funding system for managed care
providers of mental health services.
(2) Review and make specific recommendations regarding the
provision of mental health services delivered by community
managed care providers and state operated hospitals.
(3) Review and make recommendations regarding any unmet need
for public supported mental health services in any specific
geographic area or throughout Indiana. In formulating these
recommendations, the commission shall consider the need,
feasibility, and desirability of including additional organizations
in the network of managed care providers.
(4) Review the results of the actuarial study which must be
submitted by the division of mental health to the commission not
later than thirty (30) days after completion of the actuarial study.
(5) Make recommendations regarding the application of the
actuarial study by the division of mental health to the
determination of service needs, eligibility criteria, payment, and
prioritization of service.
(h) The commission shall submit recommendations under
subsection (g) to the secretary of the family and social services
administration and to the legislative council before July 1, 1998.
The commission shall:
(1) monitor the implementation of managed care programs for all
populations of the mentally ill that are eligible for care that is paid
for in part or in whole by the state; and
(2) make recommendations regarding the commission's findings
under subdivision (1) to the appropriate division or department.
This SECTION expires January 1,
SECTION 2. An emergency is declared for this act.