HB 1271-1_ Filed 02/23/2010, 09:35 Bray

SENATE MOTION


MADAM PRESIDENT:

    I move
that Engrossed House Bill 1271 be amended to read as follows:

SOURCE: Page 3, line 28; (10)MO127102.3. -->     Page 3, between lines 28 and 29, begin a new paragraph and insert:
SOURCE: IC 12-7-2-25; (10)MO127102.3. -->     "SECTION 3. IC 12-7-2-25 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 25. "Case management", means the following:
        (1) for purposes of IC 12-10-1 and IC 12-10-10, has the meaning set forth in IC 12-10-10-1.
        (2) For purposes of IC 12-7-2-40.6 and IC 12-24-19, the meaning set forth in IC 12-24-19-2.".
SOURCE: Page 3, line 41; (10)MO127102.3. -->     Page 3, between lines 41 and 42, begin a new paragraph and insert:
SOURCE: IC 12-7-2-40.6; (10)MO127102.5. -->     "SECTION 5. IC 12-7-2-40.6 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 40.6. "Continuum of care" means a range of services the provision of which is assured by a community mental health center or a managed care provider. The term includes the following: that are based on current practice and recovery focused models of care and that are intended to meet the individual treatment needs of the consumer.
        (1) Individualized treatment planning to increase patient coping skills and symptom management, which may include any combination of services listed under this section.
        (2) Twenty-four (24) hour a day crisis intervention.
        (3) Case management to fulfill individual patient needs, including assertive case management when indicated.
        (4) Outpatient services, including intensive outpatient services, substance abuse services, counseling, and treatment.
        (5) Acute stabilization services, including detoxification services.
        (6) Residential services.
        (7) Day treatment.
        (8) Family support services.
        (9) Medication evaluation and monitoring.
        (10) Services to prevent unnecessary and inappropriate treatment

and hospitalization and the deprivation of a person's liberty.

SOURCE: IC 12-21-2-3; (10)MO127102.6. -->     SECTION 6. IC 12-21-2-3, AS AMENDED BY P.L.99-2007, SECTION 100, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 3. (a) In addition to the general authority granted to the director under IC 12-8-8, the director shall do the following:
        (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 supervised group living facilities described in IC 12-22-2-3 for individuals with a mental illness.
            (C) Certifying community residential programs described in IC 12-22-2-3 for individuals with a mental illness.
            (D) Certifying community mental health centers to operate in Indiana.
            (E) Establish exclusive geographic primary service areas for community mental health centers. The rules must include the following:
                (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 managed care providers.
        (12) Establish, maintain, and reallocate before July 1, 1996, one-third (1/3), and before January 1, 1998, the remaining two-thirds (2/3) of the following:
            (A) long term care service settings; and
            (B) state operated long term care inpatient beds;
        designed to provide services for patients with long term psychiatric disorders as determined by the quadrennial actuarial study under IC 12-21-5-1.5(9). A proportional number of long term care service settings and inpatient beds must be located in an area that includes a consolidated city and its adjacent counties.
        (13) Compile information and statistics concerning the ethnicity and gender of a program or service recipient.
        (14) Establish standards for each element of the continuum of care for community mental health centers and managed care providers. and adopt rules under IC 4-22-2 concerning the continuum of care. In adopting rules under this subdivision, the division shall consider a proposed rule's impact on reimbursement to a provider that is providing care.
    (b) As used in this section, "long term care service setting" means

the following:
        (1) The anticipated duration of the patient's mental health setting is more than twelve (12) months.
        (2) Twenty-four (24) hour supervision of the patient is available.
        (3) A patient in the long term care service setting receives:
            (A) active treatment if appropriate for a patient with a chronic and persistent mental disorder or chronic addictive disorder;
            (B) case management services from a state approved provider; 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.

SOURCE: IC 12-23-1-9; (10)MO127102.7. -->     SECTION 7. IC 12-23-1-9 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 9. One-third (1/3) (a) A part of the total amount of the federal money earmarked for Drug Abuse and Alcohol Abuse/Alcoholics Efforts received for disbursement by the division shall be used for treatment local programs that are not under the direction of a community mental health center or a state institution. provide prevention services and intervention and treatment services for individuals who:
        (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 described 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.

SOURCE: IC 12-23-2-8; (10)MO127102.8. -->     SECTION 8. IC 12-23-2-8 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 8. (a) Except as provided in subsection (b), For each state fiscal year, the division shall distribute an amount equal to at least thirty-three percent (33%) a part of the total amount received by the division from the addiction services fund established by section 2 of this chapter during the immediately preceding fiscal year to local programs that provide prevention services and intervention and treatment services for individuals who: are:
        (1) psychologically or physiologically dependent upon alcohol or other drugs; or
        (2) psychologically dependent on gambling.
        (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 described in subsection (a) may not shall be distributed to a county home, a local mental health program established under IC 12-29, or a state institution. specialty addiction providers that serve the eligible population to provide consumer choice based on outcomes determined by the division.
SOURCE: IC 16-39-2-6.5; (10)MO127102.9. -->     SECTION 9. IC 16-39-2-6.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 6.5. (a) Without the consent of the patient, the patient's mental health record shall be disclosed to a court to the extent necessary for the court to transmit the information required under the following:
        (1) IC 12-26-6-8(g).
        (2) IC 12-26-7-5(c).
        (3) IC 35-36-2-4(e).
        (4) IC 35-36-2-5(f).
        (5) IC 35-36-3-1(c).
    (b) A person who discloses information under this section in good faith is immune from civil and criminal liability.
".
SOURCE: Page 14, line 23; (10)MO127102.14. -->     Page 14, between lines 23 and 24, begin a new paragraph and insert:
SOURCE: IC 34-30-2-77.6; (10)MO127102.15. -->     "SECTION 15. IC 34-30-2-77.6 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 77.6. IC 16-39-2-6.5 (Concerning a person who releases mental health records under certain circumstances).".
    Renumber all SECTIONS consecutively.
    (Reference is to EHB 1271 as printed February 19, 2010.)

________________________________________

Senator BRAY


MO127102/DI 104
2010