January 18, 2013





SENATE BILL No. 267

_____


DIGEST OF SB 267 (Updated January 16, 2013 11:51 am - DI 104)



Citations Affected: IC 4-24; IC 12-7; IC 12-9; IC 12-11; IC 12-24; IC 12-26; IC 34-18.

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.





Miller Patricia




    January 8, 2013, read first time and referred to Committee on Health and Provider Services.
    January 17, 2013, reported favorably _ Do Pass.






January 18, 2013

First Regular Session 118th General Assembly (2013)


PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution.
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SENATE BILL No. 267



    A BILL FOR AN ACT to amend the Indiana Code concerning human services.

Be it enacted by the General Assembly of the State of Indiana:

SOURCE: IC 4-24-6-4; (13)SB0267.1.1. -->     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 mentally retarded.
    (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)SB0267.1.2. -->     SECTION 2. IC 12-7-2-182 IS REPEALED [EFFECTIVE JULY 1,

2013]. 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)SB0267.1.3. -->     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 individual; and
        (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)SB0267.1.4. -->     SECTION 4. IC 12-9-2-5 IS REPEALED [EFFECTIVE JULY 1, 2013]. 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)SB0267.1.5. -->     SECTION 5. IC 12-11-1.1-8 IS REPEALED [EFFECTIVE JULY 1, 2013]. 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)SB0267.1.6. -->     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 a state developmental center or an intermediate care facility.
SOURCE: IC 12-11-2.1-5; (13)SB0267.1.7. -->     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 placement; and
        (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)SB0267.1.8. -->     SECTION 8. IC 12-11-2.1-8 IS REPEALED [EFFECTIVE JULY 1, 2013]. 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)SB0267.1.9. -->     SECTION 9. IC 12-24-1-1 IS REPEALED [EFFECTIVE JULY 1, 2013]. 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)SB0267.1.10. -->     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 health center the managed care provider, or the local agency serving the needs of individuals with a developmental disability shall do the following:
        (1) Contact:
            (A) the patient; or
            (B) the patient's parent or guardian if the patient is not competent.
        (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)SB0267.1.11. -->     SECTION 11. IC 12-24-12-2 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 2. The division shall contract with 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)SB0267.1.12. -->     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 or a 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 placement.
    (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 occurred.
        (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)SB0267.1.13. -->     SECTION 13. IC 12-24-12-4 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 4. (a) If a managed care provider community mental health center is aware of problems with continuity of care for a discharged or placed individual, the managed care provider community mental health center shall contact:
        (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 significant, the managed care provider community mental health

center shall report these findings to the director.

SOURCE: IC 12-24-12-10; (13)SB0267.1.14. -->     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 IC 12-11-2.1.
        (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)SB0267.1.15. -->     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 with a managed care provider community mental health center of 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 specialist.

SOURCE: IC 12-26-12-1; (13)SB0267.1.16. -->     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 center 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)SB0267.1.17. -->     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 IC 12-24-1-3.