HB 1271-1_ Filed 02/23/2010, 09:35 Bray
Adopted 2/24/2010
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