SENATE BILL No. 267
DIGEST OF INTRODUCED BILL
Citations Affected: IC 4-24-6-4; IC 12-7-2; IC 12-9-2-5; IC 12-11;
IC 12-24; IC 12-26-12-1; IC 34-18-2-24.
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.
Effective: July 1, 2013.
January 8, 2013, read first time and referred to Committee on Health and Provider
First Regular Session 118th General Assembly (2013)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
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between statutes enacted by the 2012 Regular Session of the General Assembly.
SENATE BILL No. 267
A BILL FOR AN ACT to amend the Indiana Code concerning
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 4-24-6-4; (13)IN0267.1.1. -->
SECTION 1. IC 4-24-6-4 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2013]: Sec. 4. (a) This section does not apply
to a patient
(1) in a state developmental center listed in IC 12-24-1-1; or
(2) in an institution listed in IC 12-24-1-3 if the patient is in a unit
that is a Medicaid certified intermediate care facility for the
(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.
SOURCE: IC 12-7-2-182; (13)IN0267.1.2. -->
SECTION 2. IC 12-7-2-182 IS REPEALED [EFFECTIVE JULY 1,
Sec. 182. "State developmental center", for purposes of
IC 12-11-2.1, refers to an institution listed in IC 12-24-1-1.
SOURCE: IC 12-7-2-184; (13)IN0267.1.3. -->
SECTION 3. IC 12-7-2-184, AS AMENDED BY P.L.141-2006,
SECTION 25, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 184. (a) "State institution" means an institution:
(1) owned or operated by the state;
(2) for the observation, care, treatment, or detention of an
(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.
(3) Fort Wayne State Developmental Center.
(4) (3) Larue D. Carter Memorial Hospital.
(5) (4) Logansport State Hospital.
(6) (5) Madison State Hospital.
(7) (6) Richmond State Hospital.
SOURCE: IC 12-9-2-5; (13)IN0267.1.4. -->
SECTION 4. IC 12-9-2-5 IS REPEALED [EFFECTIVE JULY 1,
Sec. 5. The director has administrative control of and
responsibility for the state owned and operated developmental centers
as provided in IC 12-24-1-1.
SOURCE: IC 12-11-1.1-8; (13)IN0267.1.5. -->
SECTION 5. IC 12-11-1.1-8 IS REPEALED [EFFECTIVE JULY
Sec. 8. The budget agency shall annually:
(1) calculate; and
(2) report to the budget committee;
any savings realized from the transfer or discharge of individuals with
developmental disabilities from a state developmental center to a
community based resident setting.
SOURCE: IC 12-11-2.1-4; (13)IN0267.1.6. -->
SECTION 6. IC 12-11-2.1-4, AS AMENDED BY P.L.99-2007,
SECTION 79, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 4. The bureau shall serve as the placement
authority for individuals with a developmental disability under service
plans developed under this chapter, including all placements in
developmental center or an intermediate care facility.
SOURCE: IC 12-11-2.1-5; (13)IN0267.1.7. -->
SECTION 7. IC 12-11-2.1-5, AS AMENDED BY P.L.99-2007,
SECTION 80, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 5. When authorizing services for an individual
with a developmental disability in a community based setting, the
bureau shall give equal consideration based on need between:
(1) individuals who resided with a family member, relative, or
guardian immediately before the community based residential
(2) individuals being placed from:
(A) a state developmental center;
(B) (A) an intermediate care facility; or
(C) (B) a nursing facility.
SOURCE: IC 12-11-2.1-8; (13)IN0267.1.8. -->
SECTION 8. IC 12-11-2.1-8 IS REPEALED [EFFECTIVE JULY
Sec. 8. If an individual with a developmental disability
committed to a state developmental center is placed on outpatient
status under IC 12-26-14, the bureau shall monitor the individual's
compliance with the individual's service plan during the period that the
individual is in outpatient status.
SOURCE: IC 12-24-1-1; (13)IN0267.1.9. -->
SECTION 9. IC 12-24-1-1 IS REPEALED [EFFECTIVE JULY 1,
Sec. 1. The director of the division of disability and
rehabilitative services has administrative control of and responsibility
for the following state institutions:
(1) Fort Wayne State Developmental Center.
(2) Any other state owned or operated developmental center.
SOURCE: IC 12-24-11-3; (13)IN0267.1.10. -->
SECTION 10. IC 12-24-11-3, AS AMENDED BY P.L.99-2007,
SECTION 118, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2013]: Sec. 3. Immediately upon receiving a
patient's medical records or a patient's name and address under section
2 of this chapter, IC 12-24-12, or IC 12-26-11, the community mental
the managed care provider, or the local agency serving
the needs of individuals with a developmental disability shall do the
(A) the patient; or
(B) the patient's parent or guardian if the patient is not
(2) Explain the types of services that are available to the patient
in the area in which the patient will reside.
SOURCE: IC 12-24-12-2; (13)IN0267.1.11. -->
SECTION 11. IC 12-24-12-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 2. The division shall
managed care providers community mental health
centers to administer a system of community based gatekeepers to
monitor each individual from the time the individual has been
involuntarily committed to a state institution administered by the
division until the individual is discharged from the commitment.
SOURCE: IC 12-24-12-3; (13)IN0267.1.12. -->
SECTION 12. IC 12-24-12-3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 3. (a) Before an
individual described in section 2 of this chapter is discharged or placed
on outpatient status under IC 12-26, a discharge plan shall be
formulated in consultation with the patient's designated case manager.
The superintendent shall provide copies of the individual's plan of
discharge or placement to a community mental health center
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
(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
(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.
SOURCE: IC 12-24-12-4; (13)IN0267.1.13. -->
SECTION 13. IC 12-24-12-4 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 4. (a) If a
provider community mental health center
is aware of problems with
continuity of care for a discharged or placed individual, the
care provider community mental health center
(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
managed care provider community mental health
center shall report these findings to the director.
SOURCE: IC 12-24-12-10; (13)IN0267.1.14. -->
SECTION 14. IC 12-24-12-10, AS AMENDED BY P.L.114-2012,
SECTION 33, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 10. (a) Upon admission to a state institution
administered by the division of mental health and addiction, the
gatekeeper is one (1) of the following:
(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
(3) For an individual entering an addictions program, an
addictions treatment provider that is certified by the division of
mental health and addiction.
(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.
SOURCE: IC 12-24-19-7; (13)IN0267.1.15. -->
SECTION 15. IC 12-24-19-7 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 7. (a) As used in this
section, "transitional care" means temporary treatment services to
facilitate an individual's:
(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
managed care provider community mental health center
services in the consumer's home area.
(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
SOURCE: IC 12-26-12-1; (13)IN0267.1.16. -->
SECTION 16. IC 12-26-12-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 1. (a) Except as
provided in subsection (c), a court that orders a commitment may order
the superintendent to notify the petitioner in the commitment
proceeding and other person designated by the court that the committed
individual will be discharged.
(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
or a managed care provider to notify the person who filed a
petition with respect to an individual committed to the community
mental health center. or the managed care provider.
SOURCE: IC 34-18-2-24; (13)IN0267.1.17. -->
SECTION 17. IC 34-18-2-24 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 24. "Psychiatric
hospital" means a private institution licensed under IC 12-25 and
public institutions under the administrative control of the director of a
division as designated by
IC 12-24-1-1 or