Citations Affected: IC 11-10-4-6.5; IC 11-12-4-3.5; IC 12-7-2-3.5;
IC 12-15; IC 12-21; IC 31-9-2-52; IC 31-32-6-4.
Synopsis: Health, mental health, and addiction matters. Allows a
department of correction (DOC) offender to be prescribed or
administered mental health drugs that are available to a Medicaid
recipient under specified circumstances. Requires DOC to adopt
standards for the use of mental health drugs for county jails that are the
same as the standards used by DOC. Requires the division of mental
health and addiction to create a forensic technical assistance center.
Creates the mental health Medicaid quality advisory committee as a
permanent committee to advise the drug utilization review board. (The
Medicaid quality advisory committee is a temporary committee that
expires July 1, 2009.) Provides for the closing of a juvenile proceeding
for the testimony of health care providers and certain other providers.
Creates a multiagency task force on workforce development issues
relating to individuals with mental health and addictions issues. Makes
a finding that the state needs one mental health facility to be funded by
bonding by the finance authority. (The introduced version of this bill
was prepared by the commission on mental health.)
Effective: July 1, 2009.
January 12, 2009, read first time and referred to Committee on Public Health.
A BILL FOR AN ACT to amend the Indiana Code concerning state
and local administration.
employee is entitled to the minimum salary per diem provided by
IC 4-10-11-2.1(b). The member is also entitled to reimbursement
for traveling expenses as provided under IC 4-13-1-4 and other
expenses actually incurred in connection with the member's duties
as provided in the state policies and procedures established by the
Indiana department of administration and approved by the budget
agency.
(e) Each member of the advisory committee who is a state
employee is entitled to reimbursement for traveling expenses as
provided under IC 4-13-1-4 and other expenses actually incurred
in connection with the member's duties as provided in the state
policies and procedures established by the Indiana department of
administration and approved by the budget agency.
(f) The affirmative votes of a majority of the voting members
appointed to the advisory committee are required by the advisory
committee to take action on any measure.
(g) The advisory committee shall advise the office and make
recommendations concerning the implementation of
IC 12-15-35.5-7(c) 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.
(h) The office shall report recommendations made by the
advisory committee to the drug utilization review board
established by section 19 of this chapter.
(i) The office shall report the following information to the select
joint commission on Medicaid oversight established by IC 2-5-26-3:
(1) The advisory committee's advice and recommendations
made under this section.
(2) The number of restrictions implemented under
IC 12-15-35.5-7(c) and the outcome of each restriction.
(3) The transition of individuals who are aged, blind, or
disabled to the risk based managed care program. This
information shall also be reported to the health finance
commission established by IC 2-5-23-3.
(4) Any decision by the office to change the health care
delivery system in which Medicaid is provided to recipients.
(j) Notwithstanding subsection (b), the initial members
appointed to the advisory committee under this section are
appointed for the following terms:
(1) Individuals appointed under subsection (b)(3) and (b)(4)
are appointed for a term of four (4) years.
(2) An individual appointed under subsection (b)(5) is
appointed for a term of three (3) years.
(3) An individual appointed under subsection (b)(6) is
appointed for a term of two (2) years.
(4) An individual appointed under subsection (b)(7) is
appointed for a term of one (1) year.
This subsection expires December 31, 2013.
of mental illness; or
(C) implement a disease management program; and
(2) the board approves and the office implements an educational
intervention program for providers to address the situation.
(d) A restriction established under subsection (c) for any drug
described in section 3(b) of this chapter:
(1) must comply with the procedures described in
IC 12-15-35-35;
(2) may include requiring a recipient to be assigned to one (1)
practitioner and one (1) pharmacy provider for purposes of
receiving mental health medications;
(3) may not lessen the quality of care; and
(4) must be in the best interest of Medicaid recipients.
(e) Implementation of a restriction established under subsection (c)
must provide for the dispensing of a temporary supply of the drug for
a prescription not to exceed seven (7) business days, if additional time
is required to review the request for override of the restriction. This
subsection does not apply if the federal Food and Drug Administration
has issued a boxed warning under 21 CFR 201.57(e) that applies to the
drug and is applicable to the patient.
(f) Before implementing a restriction established under subsection
(c), the office shall:
(1) seek the advice of the mental health quality advisory
committee until June 30, 2009; mental health Medicaid quality
advisory committee established by IC 12-15-35-51; and
(2) publish a provider bulletin that complies with the
requirements of IC 12-15-13-6.
(g) Subsections (c) through (f):
(1) apply only to drugs described in section 3(b) of this chapter;
and
(2) do not apply to a restriction on a drug described in section
3(b) of this chapter that was approved by the board and
implemented by the office before April 1, 2003.
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 (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.
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.
(13) Create a forensic technical assistance center to support
the development of forensic mental health and addiction
interventions to assist in diverting individuals from the
criminal justice system into treatment.
FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 4. (a) Upon motion of
the prosecuting attorney, the child, or the child's guardian ad litem,
counsel, parent, guardian, or custodian, the court may issue an order
closing a proceeding during the testimony of a child witness or child
victim if the court finds that:
(1) an allegation or a defense involves matters of a sexual nature;
and
(2) closing the proceeding is necessary to protect the welfare of
a child witness or child victim.
(b) Upon motion of the prosecuting attorney, the child, or the
child's guardian ad litem, counsel, parent, guardian, or custodian,
the court may issue an order closing a proceeding during the
testimony of a health care provider if the court finds that:
(1) the testimony involves matters that would be protected
under 45 CFR Parts 160 and 164 (Health Insurance
Portability and Accountability Act of 1996 (HIPAA)); or
(2) the testimony involves matters that would be a privileged
communication between a health care provider and the health
care provider's patient.
(c) Upon motion of the prosecuting attorney, the child, or the
child's guardian ad litem, counsel, parent, guardian, or custodian,
the court may issue an order closing a proceeding during the
testimony of:
(1) a client and a:
(A) certified social worker;
(B) certified clinical social worker; or
(C) certified marriage and family therapist;
(2) a school counselor and a student; or
(3) a school psychologist and a student.