Reprinted
March 6, 2001
HOUSE BILL No. 1813
_____
DIGEST OF HB 1813
(Updated March 5, 2001 3:47 PM - DI 98)
Citations Affected: Numerous provisions throughout the Indiana code.
Synopsis: Mental health. Changes the name of the division of mental
health to the division of mental health and addiction. Amends the
definition of "managed care provider" to include: (1) organizations that
provide children's mental health services; and (2) organizations that are
exempt from federal income taxation under Section 501(c)(3) of the
Internal Revenue Code (instead of nonprofit corporations incorporated
in another state). Requires the division of mental health to establish
standards for each element of the continuum of care for community
mental health centers and managed care providers before July 1, 2003.
Except for a center that meets certain requirements, prohibits the
division of mental health from entering into a contract for the provision
of services with a new managed care provider or community mental
health center that is not currently providing service until July 1, 2003.
Effective: Upon passage; July 1, 2001.
Crosby
, Goeglein
, Brown C
, Pelath
January 17, 2001, read first time and referred to Committee on Public Health.
February 27, 2001, amended, reported _ Do Pass.
March 5, 2001, read second time, amended, ordered engrossed.
Reprinted
March 6, 2001
First Regular Session 112th General Assembly (2001)
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.
Conflict reconciliation: Text in a statute in
this style type or
this style type reconciles conflicts
between statutes enacted by the 2000 General Assembly.
HOUSE BILL No. 1813
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 4-1-8-1; (01)HB1813.2.1. -->
SECTION 1. IC 4-1-8-1 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2001]: Sec. 1. (a) No individual may be
compelled by any state agency, board, commission, department,
bureau, or other entity of state government (referred to as "state
agency" in this chapter) to provide the individual's Social Security
number to the state agency against the individual's will, absent federal
requirements to the contrary. However, the provisions of this chapter
do not apply to the following:
(1) Department of state revenue.
(2) Department of workforce development.
(3) The programs administered by:
(A) the division of family and children;
(B) the division of mental health
and addiction;
(C) the division of disability, aging, and rehabilitative services;
and
(D) the office of Medicaid policy and planning;
of the office of the secretary of family and social services.
(4) Auditor of state.
(5) State personnel department.
(6) Secretary of state, with respect to the registration of
broker-dealers, agents, and investment advisors.
(7) The legislative ethics commission, with respect to the
registration of lobbyists.
(8) Indiana department of administration, with respect to bidders
on contracts.
(9) Indiana department of transportation, with respect to bidders
on contracts.
(10) Health professions bureau.
(11) Indiana professional licensing agency.
(12) Indiana department of insurance, with respect to licensing of
insurance agents.
(13) A pension fund administered by the board of trustees of the
public employees' retirement fund.
(14) The Indiana state teachers' retirement fund.
(15) The state police benefit system.
(b) The bureau of motor vehicles may, notwithstanding this chapter,
require the following:
(1) That an individual include the individual's Social Security
number in an application for an official certificate of title for any
vehicle required to be titled under IC 9-17.
(2) That an individual include the individual's Social Security
number on an application for registration.
(3) That a corporation, limited liability company, firm,
partnership, or other business entity include its federal tax
identification number on an application for registration.
(c) The Indiana department of administration, the Indiana
department of transportation, the health professions bureau, and the
Indiana professional licensing agency may require an employer to
provide its federal employer identification number.
(d) The department of correction may require a committed offender
to provide the offender's Social Security number for purposes of
matching data with the Social Security Administration to determine
benefit eligibility.
(e) The Indiana gaming commission may, notwithstanding this
chapter, require the following:
(1) That an individual include the individual's Social Security
number in any application for a riverboat owner's license,
supplier's license, or occupational license.
(2) That a sole proprietorship, a partnership, an association, a
fiduciary, a corporation, a limited liability company, or any other
business entity include its federal tax identification number on an
application for a riverboat owner's license or supplier's license.
SOURCE: IC 4-15-2-3.8; (01)HB1813.2.2. -->
SECTION 2. IC 4-15-2-3.8, AS AMENDED BY P.L.119-2000,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2001]: Sec. 3.8. "State service" means public service by:
(1) employees and officers, including the incumbent directors, of
the county offices of family and children; and
(2) employees and officers, except members of boards and
commissions or individuals hired for or appointed to, after June
30, 1982, positions as appointing authorities, deputies, assistants
reporting to appointing authorities, or supervisors of major units
within state agencies, irrespective of the title carried by those
positions, of the division of disability, aging, and rehabilitative
services, Fort Wayne State Developmental Center, Muscatatuck
State Developmental Center, division of mental health and
addiction, Larue D. Carter Memorial Hospital, Evansville State
Psychiatric Treatment Center for Children, Central State Hospital,
Evansville State Hospital, Logansport State Hospital, Madison
State Hospital, Richmond State Hospital, state department of
health, Indiana School for the Blind, Indiana School for the Deaf,
Indiana Veterans' Home, Indiana Soldiers' and Sailors' Children's
Home, Silvercrest Children's Development Center, department of
correction, Westville Correctional Facility, Plainfield Juvenile
Correctional Facility, Putnamville Correctional Facility,
Indianapolis Juvenile Correctional Facility, Indiana State Prison,
Indiana Women's Prison, Pendleton Correctional Facility,
Reception and Diagnostic Center, Rockville Correctional Facility,
Youth Rehabilitation Facility, Plainfield Correctional Facility,
department of fire and building services, state emergency
management agency (excluding a county emergency management
organization and any other local emergency management
organization created under IC 10-4-1), civil rights commission,
criminal justice planning agency, department of workforce
development, Indiana historical bureau, Indiana state library,
division of family and children, Indiana state board of animal
health, Federal Surplus Property Warehouse, Indiana education
employment relations board, department of labor, Indiana
protection and advocacy services commission, commission on
public records, Indiana horse racing commission, and state
personnel department.
SOURCE: IC 4-23-26-3; (01)HB1813.2.3. -->
SECTION 3. IC 4-23-26-3, AS ADDED BY P.L.273-1999,
SECTION 161, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2001]: Sec. 3. (a) The committee consists of the
following members:
(1) The director of the children's special health care services
program.
(2) The director of the first steps program.
(3) The chair of the governor's interagency coordinating council
for early intervention.
(4) The chair of the children's special health care services
advisory council under 410 IAC 3.2-11.
(5) The director of the division of special education created under
IC 20-1-6-2.1.
(6) The director of the division of mental health and addiction.
(7) One (1) representative of the Indiana chapter of the American
Academy of Pediatrics.
(8) One (1) representative of a family advocacy group.
(9) Three (3) parents of children with special health needs.
(10) Three (3) parents of children who are enrolled in the:
(A) children's health insurance program under IC 12-17.6; or
(B) Medicaid managed care program for children.
(b) The members under subdivisions (1) and (2) are nonvoting
members.
SOURCE: IC 4-23-27-3; (01)HB1813.2.4. -->
SECTION 4. IC 4-23-27-3, AS ADDED BY P.L.273-1999,
SECTION 162, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2001]: Sec. 3. The board consists of the
following members:
(1) The secretary of the family and social services administration.
(2) The state health commissioner.
(3) The insurance commissioner of Indiana.
(4) The state personnel director.
(5) The budget director.
(6) The state superintendent of public instruction.
(7) The director of the division of mental health and addiction.
SOURCE: IC 4-33-4-21.2; (01)HB1813.2.5. -->
SECTION 5. IC 4-33-4-21.2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 21.2. (a) The Indiana
gaming commission shall require a licensed owner to conspicuously
display the number of the toll free telephone line described in
IC 4-33-12-6 in the following locations:
(1) On each admission ticket to a riverboat gambling excursion.
(2) On a poster or placard that is on display in a public area of
each riverboat where gambling games are conducted.
(b) The toll free telephone line described in IC 4-33-12-6 must be:
(1) maintained by the division of mental health and addiction
under IC 12-23-1-6; and
(2) funded by the addiction services fund established by
IC 12-23-2-2.
(c) The commission may adopt rules under IC 4-22-2 necessary to
carry out this section.
SOURCE: IC 4-33-12-6; (01)HB1813.2.6. -->
SECTION 6. IC 4-33-12-6 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 6. (a) The department
shall place in the state general fund the tax revenue collected under this
chapter.
(b) Except as provided by subsection (c), the treasurer of state shall
quarterly pay the following amounts:
(1) One dollar ($1) of the admissions tax collected by the licensed
owner for each person embarking on a riverboat during the
quarter shall be paid to:
(A) the city in which the riverboat is docked, if the city:
(i) is described in IC 4-33-6-1(a)(1) through
IC 4-33-6-1(a)(4) or in IC 4-33-6-1(b); or
(ii) is contiguous to the Ohio River and is the largest city in
the county; and
(B) the county in which the riverboat is docked, if the
riverboat is not docked in a city described in clause (A).
(2) One dollar ($1) of the admissions tax collected by the licensed
owner for each person embarking on a riverboat during the
quarter shall be paid to the county in which the riverboat is
docked. In the case of a county described in subdivision (1)(B),
this one dollar ($1) is in addition to the one dollar ($1) received
under subdivision (1)(B).
(3) Ten cents ($0.10) of the admissions tax collected by the
licensed owner for each person embarking on a riverboat during
the quarter shall be paid to the county convention and visitors
bureau or promotion fund for the county in which the riverboat is
docked.
(4) Fifteen cents ($0.15) of the admissions tax collected by the
licensed owner for each person embarking on a riverboat during
a quarter shall be paid to the state fair commission, for use in any
activity that the commission is authorized to carry out under
IC 15-1.5-3.
(5) Ten cents ($0.10) of the admissions tax collected by the
licensed owner for each person embarking on a riverboat during
the quarter shall be paid to the division of mental health
and
addiction. The division shall allocate at least twenty-five percent
(25%) of the funds derived from the admissions tax to the
prevention and treatment of compulsive gambling.
(6) Sixty-five cents ($0.65) of the admissions tax collected by the
licensed owner for each person embarking on a riverboat during
the quarter shall be paid to the Indiana horse racing commission
to be distributed as follows, in amounts determined by the Indiana
horse racing commission, for the promotion and operation of
horse racing in Indiana:
(A) To one (1) or more breed development funds established
by the Indiana horse racing commission under IC 4-31-11-10.
(B) To a racetrack that was approved by the Indiana horse
racing commission under IC 4-31. The commission may make
a grant under this clause only for purses, promotions, and
routine operations of the racetrack. No grants shall be made
for long term capital investment or construction and no grants
shall be made before the racetrack becomes operational and is
offering a racing schedule.
(c) With respect to tax revenue collected from a riverboat that
operates on Patoka Lake, the treasurer of state shall quarterly pay the
following amounts:
(1) The counties described in IC 4-33-1-1(3) shall receive one
dollar ($1) of the admissions tax collected for each person
embarking on the riverboat during the quarter. This amount shall
be divided equally among the counties described in
IC 4-33-1-1(3).
(2) The Patoka Lake development account established under
IC 4-33-15 shall receive one dollar ($1) of the admissions tax
collected for each person embarking on the riverboat during the
quarter.
(3) The resource conservation and development program that:
(A) is established under 16 U.S.C. 3451 et seq.; and
(B) serves the Patoka Lake area;
shall receive forty cents ($0.40) of the admissions tax collected
for each person embarking on the riverboat during the quarter.
(4) The state general fund shall receive fifty cents ($0.50) of the
admissions tax collected for each person embarking on the
riverboat during the quarter.
(5) The division of mental health and addiction shall receive ten
cents ($0.10) of the admissions tax collected for each person
embarking on the riverboat during the quarter. The division shall
allocate at least twenty-five percent (25%) of the funds derived
from the admissions tax to the prevention and treatment of
compulsive gambling.
(d) Money paid to a unit of local government under subsection
(b)(1) through (b)(2) or subsection (c)(1):
(1) must be paid to the fiscal officer of the unit and may be
deposited in the unit's general fund or riverboat fund established
under IC 36-1-8-9, or both;
(2) may not be used to reduce the unit's maximum or actual levy
under IC 6-1.1-18.5; and
(3) may be used for any legal or corporate purpose of the unit,
including the pledge of money to bonds, leases, or other
obligations under IC 5-1-14-4.
(e) Money paid by the treasurer of state under subsection (b)(3)
shall be:
(1) deposited in:
(A) the county convention and visitor promotion fund; or
(B) the county's general fund if the county does not have a
convention and visitor promotion fund; and
(2) used only for the tourism promotion, advertising, and
economic development activities of the county and community.
(f) Money received by the division of mental health and addiction
under subsections (b)(5) and (c)(5):
(1) is annually appropriated to the division of mental health and
addiction;
(2) shall be distributed to the division of mental health and
addiction at times during each state fiscal year determined by the
budget agency; and
(3) shall be used by the division of mental health and addiction
for programs and facilities for the prevention and treatment of
addictions to drugs, alcohol, and compulsive gambling, including
the creation and maintenance of a toll free telephone line to
provide the public with information about these addictions. The
division shall allocate at least twenty-five percent (25%) of the
money received to the prevention and treatment of compulsive
gambling.
SOURCE: IC 5-1-16-1; (01)HB1813.2.7. -->
SECTION 7. IC 5-1-16-1, AS AMENDED BY P.L.272-1999,
SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2001]: Sec. 1. As used in this chapter:
"Authority" refers to the Indiana health facility financing authority.
"Bonds" includes bonds, refunding bonds, notes, interim
certificates, bond anticipation notes, and other evidences of
indebtedness of the authority, issued under this chapter.
"Building" or "buildings" or similar words mean any building or part
of a building or addition to a building for health care purposes. The
term includes the site for the building (if a site is to be acquired),
equipment, heating facilities, sewage disposal facilities, landscaping,
walks, drives, parking facilities, and other structures, facilities,
appurtenances, materials, and supplies that may be considered
necessary to render a building suitable for use and occupancy for health
care purposes.
"Cost" includes the following:
(1) The cost and the incidental and related costs of the
acquisition, repair, restoration, reconditioning, refinancing, or
installation of health facility property.
(2) The cost of any property interest in health facility property,
including an option to purchase a leasehold interest.
(3) The cost of constructing health facility property, or an addition
to health facility property, acquiring health facility property, or
remodeling health facility property.
(4) The cost of architectural, engineering, legal, trustee,
underwriting, and related services; the cost of the preparation of
plans, specifications, studies, surveys, and estimates of cost and
of revenue; and all other expenses necessary or incident to
planning, providing, or determining the need for or the feasibility
and practicability of health facility property.
(5) The cost of financing charges, including premiums or
prepayment penalties and interest accrued during the construction
of health facility property or before the acquisition and
installation or refinancing of such health facility property for up
to two (2) years after such construction, acquisition, and
installation or refinancing and startup costs related to health
facility property for up to two (2) years after such construction,
acquisition, and installation or refinancing.
(6) The costs paid or incurred in connection with the financing of
health facility property, including out-of-pocket expenses, the cost
of any policy of insurance; the cost of printing, engraving, and
reproduction services; and the cost of the initial or acceptance fee
of any trustee or paying agent.
(7) The costs of the authority, incurred in connection with
providing health facility property, including reasonable sums to
reimburse the authority for time spent by its agents or employees
in providing and financing health facility property.
(8) The cost paid or incurred for the administration of any
program for the purchase or lease of or the making of loans for
health facility property, by the authority and any program for the
sale or lease of or making of loans for health facility property to
any participating provider.
"County" means any county in the state that owns and operates a
county hospital.
"Health facility property" means any tangible or intangible property
or asset owned or used by a participating provider and which:
(1) is determined by the authority to be necessary or helpful,
directly or indirectly, to provide:
(A) health care;
(B) medical research;
(C) training or teaching of health care personnel;
(D) habilitation, rehabilitation, or therapeutic services; or
(E) any related supporting services;
in Indiana, regardless of whether such property is in existence at
the time of, or is to be provided after the making of, such finding;
(2) is a residential facility for:
(A) the physically, mentally, or emotionally disabled;
(B) the physically or mentally ill; or
(C) the elderly; or
(3) is a licensed child caring institution providing residential care
described in IC 12-7-2-29(1).
"Health facility" means any facility or building owned or used by a
participating provider which is utilized, directly or indirectly:
(1) in:
(A) health care;
(B) habilitation, rehabilitation, or therapeutic services;
(C) medical research;
(D) the training or teaching of health care personnel; or
(E) any related supporting services;
(2) to provide a residential facility for:
(A) the physically, mentally, or emotionally disabled;
(B) the physically or mentally ill; or
(C) the elderly; or
(3) as a child caring institution and provides residential care
described in IC 12-7-2-29(1).
"Net revenues" means the revenues of a hospital remaining after
provision for proper and reasonable expenses of operation, repair,
replacement, and maintenance of the hospital.
"Participating provider" means a person, corporation, municipal
corporation, political subdivision, or other entity, public or private,
which:
(1) is:
(A) licensed under IC 12-25, IC 16-21, or IC 16-28;
(B) a regional blood center;
(C) a community mental health center or community mental
retardation and other developmental disabilities center (as
defined in IC 12-7-2-38 and IC 12-7-2-39);
(D) an entity that contracts with the division of disability,
aging, and rehabilitative services or the division of mental
health
and addiction to provide the program described in
IC 12-11-1.1-1(e) or IC 12-22-2;
(E) a vocational rehabilitation center established under
IC 12-12-1-4(1);
(F) the owner or operator of a facility that is utilized, directly
or indirectly, to provide health care, habilitation, rehabilitation,
therapeutic services, medical research, the training or teaching
of health care personnel, or any related supporting services, or
of a residential facility for the physically, mentally, or
emotionally disabled, physically or mentally ill, or the elderly;
(G) a licensed child caring institution providing residential
care described in IC 12-7-2-29(1);
(H) an integrated health care system between or among
providers, a health care purchasing alliance, a health insurer
or third party administrator that is a participant in an integrated
health care system, a health maintenance or preferred provider
organization, or a foundation that supports a health care
provider; or
(I) an individual, a business entity, or a governmental entity
that owns an equity or membership interest in any of the
organizations described in clauses (A) through (H); and
(2) under this chapter, contracts with the authority for the
financing or refinancing of, or the lease or other acquisition of,
health facility property.
"Regional blood center" means a nonprofit corporation or
corporation created under 36 U.S.C. 1 that:
(1) is:
(A) accredited by the American Association of Blood Banks;
or
(B) registered or licensed by the Food and Drug
Administration of the Department of Health and Human
Services; and
(2) owns and operates a health facility that is primarily engaged
in:
(A) drawing, testing, processing, and storing human blood and
providing blood units or components to Indiana hospitals; or
(B) harvesting, testing, typing, processing, and storing human
body tissue and providing this tissue to Indiana hospitals.
SOURCE: IC 5-20-1-2; (01)HB1813.2.8. -->
SECTION 8. IC 5-20-1-2, AS AMENDED BY P.L.272-1999,
SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2001]: Sec. 2. As used in this chapter:
"Assisted" means, with respect to a loan:
(1) the payment by the United States or any duly authorized
agency of the United States of assistance payments, interest
payments, or mortgage reduction payments with respect to such
loan; or
(2) the provision of insurance, guaranty, security, collateral,
subsidies, or other forms of assistance or aid acceptable to the
authority for the making, holding, or selling of a loan from the
United States, any duly authorized agency of the United States, or
any entity or corporation acceptable to the authority, other than
the sponsor.
"Authority" means the Indiana housing finance authority created
under this chapter.
"Bonds" or "notes" means the bonds or notes authorized to be issued
by the authority under this chapter.
"Development costs" means the costs approved by the authority as
appropriate expenditures and credits which may be incurred by
sponsors, builders, and developers of residential housing prior to
commitment and initial advance of the proceeds of a construction loan
or of a mortgage, including but not limited to:
(1) payments for options to purchase properties on the proposed
residential housing site, deposits on contracts of purchase, or,
with prior approval of the authority, payments for the purchase of
such properties;
(2) legal, organizational, and marketing expenses, including
payments of attorney's fees, project manager, clerical, and other
incidental expenses;
(3) payment of fees for preliminary feasibility studies and
advances for planning, engineering, and architectural work;
(4) expenses for surveys as to need and market analyses;
(5) necessary application and other fees;
(6) credits allowed by the authority to recognize the value of
service provided at no cost by the sponsors, builders, or
developers; and
(7) such other expenses as the authority deems appropriate for the
purposes of this chapter.
"Governmental agency" means any department, division, public
agency, political subdivision, or other public instrumentality of the
state of Indiana, the federal government, any other state or public
agency, or any two (2) or more thereof.
"Construction loan" means a loan to provide interim financing for
the acquisition or construction of single family residential housing,
including land development.
"Mortgage" or "mortgage loan" means a loan to provide permanent
financing for:
(1) the rehabilitation, acquisition, or construction of single family
residential housing, including land development; or
(2) the weatherization of single family residences.
"Mortgage lender" means a bank, trust company, savings bank,
savings association, credit union, national banking association, federal
savings association or federal credit union maintaining an office in this
state, a public utility (as defined in IC 8-1-2-1), a gas utility system
organized under IC 8-1-11.1, an insurance company authorized to do
business in this state, or any mortgage banking firm or mortgagee
authorized to do business in this state and approved by either the
authority or the Department of Housing and Urban Development.
"Land development" means the process of acquiring land primarily
for residential housing construction for persons and families of low and
moderate income and making, installing, or constructing nonresidential
housing improvements, including water, sewer, and other utilities,
roads, streets, curbs, gutters, sidewalks, storm drainage facilities, and
other installations or works, whether on or off the site, which the
authority deems necessary or desirable to prepare such land primarily
for residential housing construction.
"Obligations" means any bonds or notes authorized to be issued by
the authority under this chapter.
"Persons and families of low and moderate income" means persons
and families of insufficient personal or family income to afford
adequate housing as determined by the standards established by the
authority, and in determining such standards the authority shall take
into account the following:
(1) The amount of total income of such persons and families
available for housing needs.
(2) The size of the family.
(3) The cost and condition of housing facilities available in the
different geographic areas of the state.
(4) The ability of such persons and families to compete
successfully in the private housing market and to pay the amounts
at which private enterprise is providing sanitary, decent, and safe
housing.
The standards shall, however, comply with the applicable limitations
of section 4(b) of this chapter.
"Residential facility for children" means a facility:
(1) that provides residential services to individuals who are:
(A) under twenty-one (21) years of age; and
(B) adjudicated to be children in need of services under
IC 31-34 (or IC 31-6-4 before its repeal) or delinquent children
under IC 31-37 (or IC 31-6-4 before its repeal); and
(2) that is:
(A) a child caring institution that is or will be licensed under
IC 12-17.4;
(B) a residential facility that is or will be licensed under
IC 12-28-5; or
(C) a facility that is or will be certified by the division of
mental health and addiction under IC 12-23.
"Residential facility for the developmentally disabled" means a
facility that is approved for use in a community residential program for
the developmentally disabled under IC 12-11-1.1.
"Residential facility for the mentally ill" means a facility that is
approved by the division of mental health and addiction for use in a
community residential program for the mentally ill under
IC 12-22-2-3(1), IC 12-22-2-3(2), IC 12-22-2-3(3), or IC 12-22-2-3(4).
"Residential housing" means a specific work or improvement
undertaken primarily to provide single or multiple family housing for
rental or sale to persons and families of low and moderate income,
including the acquisition, construction, or rehabilitation of lands,
buildings, and improvements to the housing, and such other
nonhousing facilities as may be incidental or appurtenant to the
housing.
"Sponsors", "builders", or "developers" means corporations,
associations, partnerships, limited liability companies, or other entities
and consumer housing cooperatives organized pursuant to law for the
primary purpose of providing housing to low and moderate income
persons and families.
"State" means the state of Indiana.
"Tenant programs and services" means services and activities for
persons and families living in residential housing, including the
following:
(1) Counseling on household management, housekeeping,
budgeting, and money management.
(2) Child care and similar matters.
(3) Access to available community services related to job training
and placement, education, health, welfare, and other community
services.
(4) Guard and other matters related to the physical security of the
housing residents.
(5) Effective management-tenant relations, including tenant
participation in all aspects of housing administration,
management, and maintenance.
(6) Physical improvements of the housing, including buildings,
recreational and community facilities, safety measures, and
removal of code violations.
(7) Advisory services for tenants in the creation of tenant
organizations which will assume a meaningful and responsible
role in the planning and carrying out of housing affairs.
(8) Procedures whereby tenants, either individually or in a group,
may be given a hearing on questions relating to management
policies and practices either in general or in relation to an
individual or family.
SOURCE: IC 5-20-4-15; (01)HB1813.2.9. -->
SECTION 9. IC 5-20-4-15 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 15. (a) The housing
trust fund advisory committee is established.
(b) The committee consists of sixteen (16) members to be appointed
by the governor as follows:
(1) One (1) member of the division of mental health
and
addiction.
(2) One (1) member of the division of family and children.
(3) One (1) member of the division of disability, aging, and
rehabilitative services.
(4) One (1) member of the department of commerce.
(5) One (1) member to represent residential real estate developers.
(6) One (1) member to represent construction trades.
(7) One (1) member to represent banks and other lending
institutions.
(8) One (1) member to represent the interests of persons with
disabilities.
(9) One (1) member to represent service providers.
(10) Two (2) members to represent neighborhood groups.
(11) One (1) member to represent low income families.
(12) One (1) member to represent nonprofit community based
organizations and community development corporations.
(13) One (1) member to represent real estate brokers or
salespersons.
(14) One (1) member to represent the Indiana Apartment Owner's
Association.
(15) One (1) member to represent the manufactured housing
industry.
At least three (3) members of the committee shall be from a city with
a population of less than thirty-five thousand (35,000), a town, or a
rural area.
(c) Members of the advisory committee shall serve a term of three
(3) years. However, the governor may remove for cause an appointed
member of the advisory committee and fill vacancies of appointed
members on the advisory committee.
(d) The advisory committee shall make recommendations to the
housing finance authority regarding:
(1) the development of policies and procedures under section 14
of this chapter; and
(2) long term sources to capitalize the housing trust fund,
including the following:
(A) Revenue from development ordinances, fees, or taxes.
(B) Market based or private revenue.
(C) Revenue generated from government programs,
foundations, private individuals, or corporations.
(e) The advisory committee shall prepare and present an annual
report that:
(1) describes disbursements under the housing trust fund; and
(2) makes recommendations to the board of the Indiana housing
finance authority regarding long term sources to capitalize the
housing trust fund.
SOURCE: IC 6-2.5-6-14; (01)HB1813.2.10. -->
SECTION 10. IC 6-2.5-6-14, AS ADDED BY P.L.177-1999,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2001]: Sec. 14. (a) The department shall compile a list
annually of retail merchants that sell tobacco products that includes the
following information:
(1) On a county by county basis, the name and business address
for each location at which the retail merchant sells tobacco
products.
(2) The name and business address of each new retail merchant
since the previous report.
(3) The name and business address of each retail merchant that no
longer sells tobacco products since the previous report.
The department shall deliver the list prepared under this section to the
division of mental health
and addiction and the alcoholic beverage
commission.
(b) A retail merchant that sells tobacco products must provide the
information required by the department under this section.
(c) The department shall prescribe the form, or modify an existing
form, to collect the information required by this section.
SOURCE: IC 6-7-1-32.1; (01)HB1813.2.11. -->
SECTION 11. IC 6-7-1-32.1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 32.1. (a) The money in
the mental health centers fund is annually appropriated to the division
of mental health and addiction.
(b) The division may use the money:
(1) to pay the state's share of the cost of acquiring sites for,
constructing, remodeling, equipping, or operating community
mental health centers; and
(2) to provide grants for a partial facility if there is a reasonable
assurance that the facility will provide community mental health
services within five (5) years after it provides any partial service
to the public.
SOURCE: IC 6-8.1-7-1; (01)HB1813.2.12. -->
SECTION 12. IC 6-8.1-7-1, AS AMENDED BY P.L.177-1999,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2001]: Sec. 1. (a) This subsection does not apply to the
disclosure of information concerning a conviction on a tax evasion
charge. Unless in accordance with a judicial order or as otherwise
provided in this chapter, the department, its employees, former
employees, counsel, agents, or any other person may not divulge the
amount of tax paid by any taxpayer, terms of a settlement agreement
executed between a taxpayer and the department, investigation records,
investigation reports, or any other information disclosed by the reports
filed under the provisions of the law relating to any of the listed taxes,
including required information derived from a federal return, except to:
(1) members and employees of the department;
(2) the governor;
(3) the attorney general or any other legal representative of the
state in any action in respect to the amount of tax due under the
provisions of the law relating to any of the listed taxes; or
(4) any authorized officers of the United States;
when it is agreed that the information is to be confidential and to be
used solely for official purposes.
(b) The information described in subsection (a) may be revealed
upon the receipt of a certified request of any designated officer of the
state tax department of any other state, district, territory, or possession
of the United States when:
(1) the state, district, territory, or possession permits the exchange
of like information with the taxing officials of the state; and
(2) it is agreed that the information is to be confidential and to be
used solely for tax collection purposes.
(c) The information described in subsection (a) relating to a person
on public welfare or a person who has made application for public
welfare may be revealed to the director of the division of family and
children, and to any county director of family and children located in
Indiana, upon receipt of a written request from either director for the
information. The information shall be treated as confidential by the
directors. In addition, the information described in subsection (a)
relating to a person who has been designated as an absent parent by the
state Title IV-D agency shall be made available to the state Title IV-D
agency upon request. The information shall be subject to the
information safeguarding provisions of the state and federal Title IV-D
programs.
(d) The name, address, Social Security number, and place of
employment relating to any individual who is delinquent in paying
educational loans owed to an institution of higher education may be
revealed to that institution if it provides proof to the department that the
individual is delinquent in paying for educational loans. This
information shall be provided free of charge to approved institutions of
higher learning (as defined by IC 20-12-21-3(2)). The department shall
establish fees that all other institutions must pay to the department to
obtain information under this subsection. However, these fees may not
exceed the department's administrative costs in providing the
information to the institution.
(e) The information described in subsection (a) relating to reports
submitted under IC 6-6-1.1-502 concerning the number of gallons of
gasoline sold by a distributor, and IC 6-6-2.5 concerning the number of
gallons of special fuel sold by a supplier and the number of gallons of
special fuel exported by a licensed exporter or imported by a licensed
transporter may be released by the commissioner upon receipt of a
written request for the information.
(f) The information described in subsection (a) may be revealed
upon the receipt of a written request from the administrative head of a
state agency of Indiana when:
(1) the state agency shows an official need for the information;
and
(2) the administrative head of the state agency agrees that any
information released will be kept confidential and will be used
solely for official purposes.
(g) The name and address of retail merchants, including township,
as specified in IC 6-2.5-8-1(h) may be released solely for tax collection
purposes to township assessors.
(h) The department shall notify the appropriate innkeepers' tax
board, bureau, or commission that a taxpayer is delinquent in remitting
innkeepers' taxes under IC 6-9.
(i) All information relating to the delinquency or evasion of the
motor vehicle excise tax shall be disclosed to the bureau of motor
vehicles in Indiana and may be disclosed to another state, if the
information is disclosed for the purpose of the enforcement and
collection of the taxes imposed by IC 6-6-5.
(j) All information relating to the delinquency or evasion of
commercial vehicle excise taxes payable to the bureau of motor
vehicles in Indiana must be disclosed to the bureau and may be
disclosed to another state, if the information is disclosed for the
purpose of the enforcement and collection of the taxes imposed by
IC 6-6-5.5.
(k) All information relating to the delinquency or evasion of
commercial vehicle excise taxes payable under the International
Registration Plan may be disclosed to another state, if the information
is disclosed for the purpose of the enforcement and collection of the
taxes imposed by IC 6-6-5.5.
(l) This section does not apply to:
(1) the beer excise tax (IC 7.1-4-2);
(2) the liquor excise tax (IC 7.1-4-3);
(3) the wine excise tax (IC 7.1-4-4);
(4) the hard cider excise tax (IC 7.1-4-4.5);
(5) the malt excise tax (IC 7.1-4-5);
(6) the motor vehicle excise tax (IC 6-6-5);
(7) the commercial vehicle excise tax (IC 6-6-5.5); and
(8) the fees under IC 13-23.
(m) The name and business address of retail merchants within each
county that sell tobacco products may be released to the division of
mental health and addiction and the alcoholic beverage commission
solely for the purpose of the list prepared under IC 6-2.5-6-14.
SOURCE: IC 7.1-6-2-2; (01)HB1813.2.13. -->
SECTION 13. IC 7.1-6-2-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 2. The division of
mental health
and addiction established under IC 12-21 shall
coordinate the conduct of random unannounced inspections at locations
where tobacco products are sold or distributed to ensure compliance
with this article. Only the commission, an Indiana law enforcement
agency, the office of the sheriff of a county, or an organized police
department of a municipal corporation may conduct the random
unannounced inspections. These entities may use retired or off-duty
law enforcement officers to conduct inspections under this section.
SOURCE: IC 7.1-6-2-5; (01)HB1813.2.14. -->
SECTION 14. IC 7.1-6-2-5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 5. The division of
mental health and addiction established under IC 12-21 shall annually
prepare for submission to the Secretary of the United States
Department of Health and Human Services the report required by
Section 1926 of the Public Health Service Act (42 U.S.C. 300x-26) and
implementing regulations promulgated under that act.
SOURCE: IC 7.1-6-2-6; (01)HB1813.2.15. -->
SECTION 15. IC 7.1-6-2-6, AS ADDED BY P.L.177-1999,
SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2001]: Sec. 6. (a) The youth tobacco education and
enforcement fund is established. The fund shall be administered by the
commission.
(b) Expenses of administering the fund shall be paid from money in
the fund.
(c) The treasurer of state shall invest the money in the fund not
currently needed to meet the obligations of the fund in the same
manner as other public money may be invested.
(d) Money in the fund at the end of a state fiscal year does not revert
to the state general fund.
(e) Money in the fund shall be used for the following purposes:
(1) One-third (1/3) of the money in the fund for youth smoking
prevention education. The commission may contract with the state
department of health or the office of the secretary of family and
social services for youth smoking prevention education programs.
(2) One-third (1/3) of the money in the fund for education and
training of retailers who sell tobacco products. The commission
may contract with education and training programs of the office
of the secretary of family and social services, the division of
mental health and addiction, enforcement officers, or a program
approved by the commission.
(3) One-third (1/3) of the money in the fund to the commission for
enforcement of youth tobacco laws.
SOURCE: IC 9-18-32.2-4; (01)HB1813.2.16. -->
SECTION 16. IC 9-18-32.2-4 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 4. (a) The annual fee
described in section 3(a)(2) of this chapter shall be deposited with the
treasurer of state in a special account. Money in the account at the end
of a state fiscal year does not revert to the state general fund.
(b) The auditor of state shall monthly distribute the money in the
special account established under subsection (a) to the Indiana
Communities for Drug-Free Youth, Inc., or its successor organization,
if the Indiana Communities for Drug-Free Youth, Inc., or its successor
organization meets the following requirements:
(1) The organization is an Indiana nonprofit corporation.
(2) The organization is exempt from federal income taxation
under Internal Revenue Code 501(c)(3).
However, if an organization does not meet these requirements, the
treasurer of state shall create a segregated account within the addiction
services fund established under IC 12-23-2-2, and the auditor of state
shall deposit the money in the account to be distributed to the division
of mental health and addiction.
(c) An organization that receives money under subsection (b) shall
distribute the money to local nonprofit organizations at least
semiannually for drug abuse education and prevention initiatives.
SOURCE: IC 9-24-15-6.5; (01)HB1813.2.17. -->
SECTION 17. IC 9-24-15-6.5, AS AMENDED BY P.L.10-2000,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2001]: Sec. 6.5. (a) The court shall grant a petition for a
restricted driving permit filed under this chapter if all of the following
conditions exist:
(1) The person was not convicted of one (1) or more of the
following:
(A) A Class D felony under IC 9-30-5-4 before July 1, 1996,
or a Class D felony or a Class C felony under IC 9-30-5-4 after
June 30, 1996.
(B) A Class C felony under IC 9-30-5-5 before July 1, 1996, or
a Class C felony or a Class B felony under IC 9-30-5-5 after
June 30, 1996.
(2) The person's driving privileges were suspended under
IC 9-30-6-9(b) or IC 35-48-4-15.
(3) The driving that was the basis of the suspension was not in
connection with the person's work.
(4) The person does not have a previous conviction for operating
while intoxicated.
(5) The person is participating in a rehabilitation program
certified by either the division of mental health
and addiction or
the Indiana judicial center as a condition of the person's
probation.
(b) The person filing the petition for a restricted driving permit shall
include in the petition the information specified in subsection (a) in
addition to the information required by sections 3 through 4 of this
chapter.
(c) Whenever the court grants a person restricted driving privileges
under this chapter, that part of the court's order granting probationary
driving privileges shall not take effect until the person's driving
privileges have been suspended for at least thirty (30) days under
IC 9-30-6-9.
SOURCE: IC 9-30-10-9; (01)HB1813.2.18. -->
SECTION 18. IC 9-30-10-9, AS AMENDED BY P.L.10-2000,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2001]: Sec. 9. (a) If a court finds that a person:
(1) is a habitual violator under section 4(c) of this chapter;
(2) has not been previously placed on probation under this section
by a court;
(3) operates a vehicle for commercial or business purposes, and
the person's mileage for commercial or business purposes:
(A) is substantially in excess of the mileage of an average
driver; and
(B) may have been a factor that contributed to the person's
poor driving record; and
(4) does not have:
(A) a judgment for a violation enumerated in section 4(a) of
this chapter; or
(B) at least three (3) judgments (singularly or in combination
and not arising out of the same incident) of the violations
enumerated in section 4(b) of this chapter;
the court may place the person on probation in accordance with
subsection (c).
(b) If a court finds that a person:
(1) is a habitual violator under section 4(b) of this chapter;
(2) has not been previously placed on probation under this section
by a court;
(3) does not have a judgment for any violation listed in section
4(a) of this chapter;
(4) has had the person's driving privileges suspended under this
chapter for at least five (5) consecutive years; and
(5) has not violated the terms of the person's suspension by
operating a vehicle;
the court may place the person on probation in accordance with
subsection (c). However, if the person has any judgments for operation
of a vehicle while intoxicated or with at least ten-hundredths percent
(0.10%) alcohol by weight in grams in one hundred (100) milliliters of
the blood, or two hundred ten (210) liters of the breath, the court,
before the court places a person on probation under subsection (c),
must find that the person has successfully fulfilled the requirements of
a rehabilitation program certified by one (1) or both of the following:
(A) The division of mental health and addiction.
(B) The Indiana judicial center.
(c) Whenever a court places a habitual violator on probation, the
court:
(1) shall record each of the court's findings under this section in
writing;
(2) shall obtain the person's driver's license or permit and send the
license or permit to the bureau;
(3) shall direct the person to apply to the bureau for a restricted
driver's license;
(4) shall order the bureau to issue the person an appropriate
license;
(5) shall place the person on probation for a fixed period of not
less than three (3) years and not more than ten (10) years;
(6) shall attach restrictions to the person's driving privileges,
including restrictions limiting the person's driving to:
(A) commercial or business purposes or other employment
related driving;
(B) specific purposes in exceptional circumstances; and
(C) rehabilitation programs;
(7) shall order the person to file proof of financial responsibility
for three (3) years following the date of being placed on
probation; and
(8) may impose other appropriate conditions of probation.
(d) If a court finds that a person:
(1) is a habitual violator under section 4(b) or 4(c) of this chapter;
(2) does not have any judgments for violations under section 4(a)
of this chapter;
(3) does not have any judgments or convictions for violations
under section 4(b) of this chapter, except for judgments or
convictions under section 4(b)(4) of this chapter that resulted
from driving on a suspended license that was suspended for:
(A) the commission of infractions only; or
(B) previously driving on a suspended license;
(4) has not been previously placed on probation under this section
by a court; and
(5) has had the person's driving privileges suspended under this
chapter for at least three (3) consecutive years and has not
violated the terms of the person's suspension by operating a
vehicle for at least three (3) consecutive years;
the court may place the person on probation under subsection (c).
SOURCE: IC 11-10-4-2; (01)HB1813.2.19. -->
SECTION 19. IC 11-10-4-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 2. The department shall
provide for the care and treatment of every confined offender who is
determined to be mentally ill by a psychiatrist employed or retained by
the department. To provide that care and treatment, the department
may:
(1) establish and operate its own mental health facilities and
programs;
(2) transfer offenders to the division of mental health and
addiction, subject to the approval of the director of the division
of mental health and addiction; or
(3) contract with any city, county, state, or federal authority or
with other public or private organizations for the provision of care
and treatment.
SOURCE: IC 11-10-4-3; (01)HB1813.2.20. -->
SECTION 20. IC 11-10-4-3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 3. (a) A committed
offender may be involuntarily transferred to the division of mental
health
and addiction or to a mental health facility only if:
(1) the offender has been examined by a psychiatrist employed or
retained by the department and the psychiatrist reports to the
department in writing that, in his opinion, the offender is mentally
ill and in need of care and treatment by the division of mental
health
and addiction or in a mental health facility;
(2) the director of mental health approves of the transfer if the
offender is to be transferred to the division of mental health
and
addiction; and
(3) the department affords the offender a hearing to determine the
need for the transfer, which hearing must comply with the
following minimum standards:
(A) The offender shall be given at least ten (10) days advance
written and verbal notice of the date, time, and place of the
hearing and the reason for the contemplated transfer. This
notice must advise the offender of the rights enumerated in
clauses (C) and (D). Notice must also be given to one (1) of
the following:
(i) The offender's spouse.
(ii) The offender's parent.
(iii) The offender's attorney.
(iv) The offender's guardian.
(v) The offender's custodian.
(vi) The offender's relative.
(B) A copy of the psychiatrist's report must be given to the
offender not later than at the time notice of the hearing is
given.
(C) The offender is entitled to appear in person, speak in his
own behalf, call witnesses, present documentary evidence, and
confront and cross-examine witnesses.
(D) The offender is entitled to be represented by counsel or
other representative.
(E) The offender must be given a written statement of the
findings of fact, the evidence relied upon, and the reasons for
the action taken.
(F) A finding that the offender is in need of mental health care
and treatment in the division of mental health
and addiction
or a mental health facility must be based upon clear and
convincing evidence.
(b) If the official in charge of the facility or program to which the
offender is assigned determines that emergency care and treatment in
the division of mental health
and addiction or a mental health facility
is necessary to control a mentally ill offender who is either gravely
disabled or dangerous, that offender may be involuntarily transferred,
subject to the approval of the director of the division of mental health
and addiction, before holding the hearing described in subsection
(a)(3). However, this subsection does not deprive the offender of his
right to a hearing.
(c) The official in charge of the division of mental health
and
addiction or facility to which an offender is transferred under this
section must give the offender a semiannual written report, based on a
psychiatrist's examination, concerning his mental condition and the
need for continued care and treatment in the division of mental health
and addiction or facility. If the report states that the offender is still in
need of care and treatment in the division of mental health
and
addiction or a mental health facility, the division of mental health
and
addiction or facility shall, upon request of the offender or a
representative in his behalf, conduct a hearing to review the need for
that continued care and treatment. The hearing must comply with the
minimum standards established by subsection (a)(3). The division of
mental health
and addiction or facility to which the offender is
transferred under this section may conduct a hearing under this
subsection upon its initiative.
(d) If the division of mental health
and addiction or facility to
which an offender is transferred under this section determines that the
offender no longer needs care and treatment in the division of mental
health
and addiction or facility, the division of mental health
and
addiction or facility shall return the offender to the custody of the
department of correction, and the department of correction shall
reassign the offender to another facility or program.
SOURCE: IC 11-10-4-4; (01)HB1813.2.21. -->
SECTION 21. IC 11-10-4-4 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 4. (a) An offender who
believes the offender to be mentally ill and in need of care and
treatment in the division of mental health and addiction or a mental
health facility shall, at the offender's request for transfer, be examined
by a psychiatrist employed or retained by the department of correction,
who shall report the psychiatrist's findings to the department of
correction. If the report states that the offender is mentally ill and in
need of care and treatment in the division of mental health and
addiction or a mental health facility, the department of correction shall
transfer the offender to the division of mental health and addiction,
subject to the approval of the director of the division of mental health
and addiction, or to a mental health facility. If the department of
correction intends to transfer an offender to the division of mental
health and addiction, the department of correction shall transmit a
copy of the psychiatrist's report to the division of mental health and
addiction.
(b) Section 3(c) and 3(d) of this chapter apply to transfers under this
section.
SOURCE: IC 11-10-4-5; (01)HB1813.2.22. -->
SECTION 22. IC 11-10-4-5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 5. A transfer under this
chapter does not extend an offender's term of imprisonment or
commitment. However, if it is determined that an offender transferred
under this chapter will be in need of mental health care and treatment
after the offender's term of imprisonment or commitment ends, the
division of mental health and addiction or facility to which the
offender was transferred may institute commitment proceedings under
IC 12-26.
SOURCE: IC 11-10-4-8; (01)HB1813.2.23. -->
SECTION 23. IC 11-10-4-8 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 8. Whenever an
offender sentenced under IC 35-36-2-5 is committed to the department
of correction, the department of correction shall immediately inform
the division of mental health and addiction of the commitment and
provide the division of mental health and addiction with a copy of the
evaluation made by the department of correction under IC 11-10-1-2.
SOURCE: IC 12-7-2-38; (01)HB1813.2.24. -->
SECTION 24. IC 12-7-2-38 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 38. "Community
mental health center" means a program of services that meets the
following conditions:
(1) Is approved by the division of mental health
and addiction.
(2) Is organized for the purpose of providing multiple services for
persons with mental illness or a chronic addictive disorder.
(3) Is operated by one (1) of the following or any combination of
the following:
(A) A city, a town, a county, or another political subdivision
of Indiana.
(B) An agency of the state.
(C) An agency of the United States.
(D) A political subdivision of another state.
(E) A hospital owned or operated by a unit of government
described in clauses (A) through (D).
(F) A building authority organized for the purpose of
constructing facilities to be leased to units of government.
(G) A corporation incorporated under IC 23-7-1.1 (before its
repeal August 1, 1991) or IC 23-17.
(H) A nonprofit corporation incorporated in another state.
(I) A university or college.
SOURCE: IC 12-7-2-64; (01)HB1813.2.25. -->
SECTION 25. IC 12-7-2-64 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 64. "Director" refers to
the following:
(1) With respect to a particular division, the director of the
division.
(2) With respect to a particular state institution, the director who
has administrative control of and responsibility for the state
institution.
(3) For purposes of IC 12-10-15, the term refers to the director of
the division of disabilities, aging, and rehabilitative services.
(4) For purposes of IC 12-25, the term refers to the director of the
division of mental health and addiction.
(5) For purposes of IC 12-26, the term:
(A) refers to the director who has administrative control of and
responsibility for the appropriate state institution; and
(B) includes the director's designee.
(6) If subdivisions (1) through (5) do not apply, the term refers to
the director of any of the divisions.
SOURCE: IC 12-7-2-69; (01)HB1813.2.26. -->
SECTION 26. IC 12-7-2-69 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 69. (a) "Division",
except as provided in subsections (b) and (c), refers to any of the
following:
(1) The division of disability, aging, and rehabilitative services
established by IC 12-9-1-1.
(2) The division of family and children established by
IC 12-13-1-1.
(3) The division of mental health and addiction established by
IC 12-21-1-1.
(b) The term refers to the following:
(1) For purposes of the following statutes, the division of
disability, aging, and rehabilitative services established by
IC 12-9-1-1:
(A) IC 12-9.
(B) IC 12-10.
(C) IC 12-11.
(D) IC 12-12.
(2) For purposes of the following statutes, the division of family
and children established by IC 12-13-1-1:
(A) IC 12-13.
(B) IC 12-14.
(C) IC 12-15.
(D) IC 12-16.
(E) IC 12-17.
(F) IC 12-17.2.
(G) IC 12-17.4.
(H) IC 12-18.
(I) IC 12-19.
(J) IC 12-20.
(3) For purposes of the following statutes, the division of mental
health and addiction established by IC 12-21-1-1:
(A) IC 12-21.
(B) IC 12-22.
(C) IC 12-23.
(D) IC 12-25.
(c) With respect to a particular state institution, the term refers to
the division whose director has administrative control of and
responsibility for the state institution.
(d) For purposes of IC 12-24, IC 12-26, and IC 12-27, the term
refers to the division whose director has administrative control of and
responsibility for the appropriate state institution.
SOURCE: IC 12-7-2-127; (01)HB1813.2.27. -->
SECTION 27. IC 12-7-2-127, AS AMENDED BY P.L.273-1999,
SECTION 77, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2001]: Sec. 127. (a) "Managed care provider", for purposes of
IC 12-14-1 through IC 12-14-9.5 and IC 12-15 (except IC 12-15-21,
IC 12-15-33, and IC 12-15-34) means either of the following:
(1) A physician licensed under IC 25-22.5 who:
(A) is primarily engaged in general practice, family practice,
internal medicine, pediatric medicine, or obstetrics and
gynecology; and
(B) has entered into a provider agreement for the provision of
physician services under IC 12-15-11-4.
(2) A partnership, corporation, or other entity that:
(A) employs or contracts with physicians licensed under
IC 25-22.5 who are primarily engaged in general practice,
family practice, internal medicine, pediatric medicine, or
obstetrics and gynecology; and
(B) has entered into a provider agreement for the provision of
physician services under IC 12-15-11-4.
(b) "Managed care provider", for purposes of IC 12-21-1 through
IC 12-29-2, means an organization:
(1) that:
(A) for mental health services, is defined under 42 U.S.C.
300x-2(c); or
(B) provides addiction services; or
(C) provides children's mental health services;
(2) that has entered into a provider agreement with the division of
mental health and addiction under IC 12-21-2-7 to provide a
continuum of care in the least restrictive, most appropriate
setting; and
(3) that is operated by at least one (1) of the following:
(A) A city, town, county, or other political subdivision of
Indiana.
(B) An agency of Indiana or of the United States.
(C) A political subdivision of another state.
(D) A hospital owned or operated by:
(I) (i) a unit of government; or
(ii) a building authority that is organized for the purpose of
constructing facilities to be leased to units of government.
(E) A corporation incorporated under IC 23-7-1.1 (before its
repeal August 1, 1991) or IC 23-17.
(F) A nonprofit corporation incorporated in another state. An
organization that is exempt from federal income taxation
under Section 501(c)(3) of the Internal Revenue Code.
(G) A university or college.
SOURCE: IC 12-7-2-151; (01)HB1813.2.28. -->
SECTION 28. IC 12-7-2-151 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 151. "Psychiatric
hospital", for purposes of section 82 of this chapter, means any of the
following:
(1) A state institution.
(2) A general hospital:
(A) licensed by the state department of health; and
(B) that maintains and operates facilities for the observation,
care, treatment, and detention of individuals who are mentally
ill.
(3) A private psychiatric hospital licensed by the division of
mental health and addiction.
SOURCE: IC 12-7-2-175; (01)HB1813.2.29. -->
SECTION 29. IC 12-7-2-175 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 175. "Service
provider", for purposes of IC 12-27, means any of the following:
(1) A state institution.
(2) A private psychiatric hospital licensed under IC 12-25.
(3) A community mental health center.
(4) A community mental retardation and other developmental
disabilities center.
(5) A service provider certified by the division of mental health
and addiction to provide substance abuse treatment programs.
(6) A service provider or program receiving money from or
through a division.
(7) Any other service provider, hospital, clinic, program, agency,
or private practitioner if the individual receiving mental health
services or developmental training was admitted without the
individual's consent.
(8) A managed care provider (as defined in IC 12-7-2-127(b)).
SOURCE: IC 12-7-2-190.8; (01)HB1813.2.30. -->
SECTION 30. IC 12-7-2-190.8, AS ADDED BY P.L.211-1999,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2001]: Sec. 190.8. "Therapeutic foster family home", for
purposes of IC 12-17.4, means a foster family home:
(1) that provides care to a seriously emotionally disturbed or
developmentally disabled child;
(2) in which the child receives treatment in a family home through
an integrated array of services supervised and supported by
qualified program staff from:
(A) the office of the secretary of family and social services;
(B) a managed care provider that contracts with the division of
mental health and addiction; or
(C) a licensed child placing agency; and
(3) that meets the additional requirements under IC 12-17.4-4-1.5.
SOURCE: IC 12-8-2-3; (01)HB1813.2.31. -->
SECTION 31. IC 12-8-2-3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 3. Unless otherwise
provided by a statute, this chapter applies to the following:
(1) The family and social services committee established by
IC 12-8-3-2.
(2) The following advisory councils:
(A) The division of disability, aging, and rehabilitative
services advisory council.
(B) The division of family and children advisory council.
(C) The division of mental health and addiction advisory
council.
(3) A body:
(A) established by statute for a division; and
(B) whose enabling statute makes this chapter applicable to
the body.
SOURCE: IC 12-8-6-7; (01)HB1813.2.32. -->
SECTION 32. IC 12-8-6-7 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 7. The office and the
division of mental health and addiction shall develop a written
memorandum of understanding that provides the following:
(1) Program responsibilities for the provision of care and
treatment for mentally ill individuals.
(2) Responsibilities to educate and inform vendors of the proper
billing procedures.
(3) Responsibilities in administering the state plan.
(4) Responsibilities for Medicaid fiscal and quality accountability
and audits for mental health services.
(5) That the division shall recommend options and services to be
reimbursed under the state plan.
(6) That the office and the division agree that, within the limits of
42 U.S.C. 1396 et seq., mentally ill individuals cannot be
excluded from services on the basis of diagnosis unless these
services are otherwise provided and reimbursed under the state
plan.
(7) That the office shall seek review and comment from the
division before the adoption of rules or standards that may affect
the service, programs, or providers of medical assistance services
for the mentally ill.
(8) That the division shall develop rate setting policies for
medical assistance services for the mentally ill.
(9) Policies to facilitate communication between the office and
the division.
(10) Any additional provisions that enhance communication
between the office and the division or facilitate more efficient or
effective delivery of mental health services.
SOURCE: IC 12-8-10-1; (01)HB1813.2.33. -->
SECTION 33. IC 12-8-10-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 1. This chapter applies
only to the indicated money of the following state agencies to the extent
that the money is used by the agency to obtain services from grantee
agencies to carry out the program functions of the agency:
(1) Money appropriated or allocated to a state agency from money
received by the state under the Social Services Block Grant Act
(42 U.S.C. 1397 et seq.).
(2) The division of disability, aging, and rehabilitative services,
except this chapter does not apply to money expended under the
following:
(A) The following statutes, unless application of this chapter
is required by another subdivision of this section:
(i) IC 12-10-6.
(ii) IC 12-10-12.
(B) Epilepsy services.
(3) The division of family and children, for money expended
under the following:
(A) The following statutes:
(i) IC 12-14-10.
(ii) IC 12-14-11.
(iii) IC 12-14-12.
(B) The following programs:
(i) The child development associate scholarship program.
(ii) The dependent care program.
(iii) Migrant day care.
(iv) The youth services bureau.
(v) The project safe program.
(vi) The commodities program.
(vii) The migrant nutrition program.
(viii) Any emergency shelter program.
(ix) The energy weatherization program.
(x) Programs for individuals with developmental disabilities.
(4) The state department of health, for money expended under the
following statutes:
(A) IC 16-19-10.
(B) IC 16-38-3.
(5) The group.
(6) All state agencies, for any other money expended for the
purchase of services if all the following apply:
(A) The purchases are made under a contract between the state
agency and the office of the secretary.
(B) The contract includes a requirement that the office of the
secretary perform the duties and exercise the powers described
in this chapter.
(C) The contract is approved by the budget agency.
(7) The division of mental health
and addiction.
SOURCE: IC 12-8-14-5; (01)HB1813.2.34. -->
SECTION 34. IC 12-8-14-5, AS ADDED BY P.L.272-1999,
SECTION 26, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2001]: Sec. 5. Services to support families of persons with
disabilities and persons with disabilities may include services available
within the division of family and children, the division of disability,
aging, and rehabilitative services, the division of mental health and
addiction, the state department of health, the department of education,
the department of workforce development, and the department of
correction, including case management and service coordination.
SOURCE: IC 12-10-5-3; (01)HB1813.2.35. -->
SECTION 35. IC 12-10-5-3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 3. (a) The task force
consists of thirteen (13) voting and four (4) nonvoting members as
follows:
(1) Two (2) representatives of an Alzheimer's disease or related
senile dementia support organization.
(2) Five (5) individuals with expertise in Alzheimer's disease or
related senile dementia, including at least:
(A) one (1) physician with an unlimited license to practice
medicine under IC 25-22.5; and
(B) one (1) psychologist with a license to practice psychology
under IC 25-33.
(3) Two (2) health care providers that provide services to persons
with Alzheimer's disease or related senile dementia.
(4) One (1) individual whose parent, spouse, brother, or sister is
or was afflicted with Alzheimer's disease or related senile
dementia.
(5) The commissioner of the state department of health or the
commissioner's designee.
(6) The director or the director's designee.
(7) One (1) representative of the division of mental health and
addiction.
(8) Two (2) members of the house of representatives appointed by
the speaker of the house of representatives. The members
appointed under this subdivision:
(A) may not be members of the same political party; and
(B) serve as nonvoting ex officio members of the task force.
(9) Two (2) members of the senate appointed by the president pro
tempore of the senate. The members appointed under this
subdivision:
(A) may not be members of the same political party; and
(B) serve as nonvoting ex officio members of the task force.
(b) The members of the task force designated by subsection (a)(1)
through (a)(4) shall be appointed by the governor.
SOURCE: IC 12-10-6-2; (01)HB1813.2.36. -->
SECTION 36. IC 12-10-6-2, AS AMENDED BY P.L.272-1999,
SECTION 31, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2001]: Sec. 2. (a) An individual who is incapable of residing
in the individual's own home may apply for residential care assistance
under this section. The determination of eligibility for residential care
assistance is the responsibility of the division. Except as provided in
subsections (g) and (i), an individual is eligible for residential care
assistance if the division determines that the individual:
(1) is a recipient of Medicaid or the federal Supplemental Security
Income program;
(2) is incapable of residing in the individual's own home because
of dementia, mental illness, or a physical disability;
(3) requires a degree of care less than that provided by a health
care facility licensed under IC 16-28; and
(4) can be adequately cared for in a residential care setting.
(b) Individuals suffering from mental retardation may not be
admitted to a home or facility that provides residential care under this
section.
(c) A service coordinator employed by the division may:
(1) evaluate a person seeking admission to a home or facility
under subsection (a); or
(2) evaluate a person who has been admitted to a home or facility
under subsection (a), including a review of the existing
evaluations in the person's record at the home or facility.
If the service coordinator determines the person evaluated under this
subsection is mentally retarded, the service coordinator may
recommend an alternative placement for the person.
(d) Except as provided in section 5 of this chapter, residential care
consists of only room, board, and laundry, along with minimal
administrative direction. State financial assistance may be provided for
such care in a boarding or residential home of the applicant's choosing
that is licensed under IC 16-28 or a Christian Science facility listed and
certified by the Commission for Accreditation of Christian Science
Nursing Organizations/Facilities, Inc., that meets certain life safety
standards considered necessary by the state fire marshal. Payment for
such care shall be made to the provider of the care according to
division directives and supervision. The amount of nonmedical
assistance to be paid on behalf of a recipient living in a boarding home,
residential home, or Christian Science facility shall be based on the
daily rate established by the division. The rate for facilities that are
referred to in this section and licensed under IC 16-28 may not exceed
an upper rate limit established by a rule adopted by the division. The
recipient may retain from the recipient's income a monthly personal
allowance of fifty dollars ($50). This amount is exempt from income
eligibility consideration by the division and may be exclusively used by
the recipient for the recipient's personal needs. However, if the
recipient's income is less than the amount of the personal allowance,
the division shall pay to the recipient the difference between the
amount of the personal allowance and the recipient's income. A reserve
or an accumulated balance from such a source, together with other
sources, may not be allowed to exceed the state's resource allowance
allowed for adults eligible for state supplemental assistance or
Medicaid as established by the rules of the office of Medicaid policy
and planning.
(e) In addition to the amount that may be retained as a personal
allowance under this section, an individual shall be allowed to retain
an amount equal to the individual's state and local income tax liability.
The amount that may be retained during a month may not exceed
one-third (1/3) of the individual's state and local income tax liability for
the calendar quarter in which that month occurs. This amount is
exempt from income eligibility consideration by the division. The
amount retained shall be used by the individual to pay any state or local
income taxes owed.
(f) In addition to the amounts that may be retained under
subsections (d) and (e), an eligible individual may retain a Holocaust
victim's settlement payment. The payment is exempt from income
eligibility consideration by the division.
(g) The rate of payment to the provider shall be determined in
accordance with a prospective prenegotiated payment rate predicated
on a reasonable cost related basis, with a growth of profit factor, as
determined in accordance with generally accepted accounting
principles and methods, and written standards and criteria, as
established by the division. The division shall establish an
administrative appeal procedure to be followed if rate disagreement
occurs if the provider can demonstrate to the division the necessity of
costs in excess of the allowed or authorized fee for the specific
boarding or residential home. The amount may not exceed the
maximum established under subsection (d).
(h) The personal allowance for one (1) month for an individual
described in subsection (a) is the amount that an individual would be
entitled to retain under subsection (d) plus an amount equal to one-half
(1/2) of the remainder of:
(1) gross earned income for that month; minus
(2) the sum of:
(A) sixteen dollars ($16); plus
(B) the amount withheld from the person's paycheck for that
month for payment of state income tax, federal income tax,
and the tax prescribed by the federal Insurance Contribution
Act (26 U.S.C. 3101 et seq.); plus
(C) transportation expenses for that month; plus
(D) any mandatory expenses required by the employer as a
condition of employment.
(i) An individual who, before September 1, 1983, has been admitted
to a home or facility that provides residential care under this section is
eligible for residential care in the home or facility.
(j) The director of the division may contract with the division of
mental health and addiction or the division of disability, aging, and
rehabilitative services to purchase services for individuals suffering
from mental illness or a developmental disability by providing money
to supplement the appropriation for community residential care
programs established under IC 12-22-2 or community residential
programs established under IC 12-11-1.1-1.
(k) A person with a mental illness may not be placed in a Christian
Science facility listed and certified by the Commission for
Accreditation of Christian Science Nursing Organizations/Facilities,
Inc., unless the facility is licensed under IC 16-28.
SOURCE: IC 12-10-6-5; (01)HB1813.2.37. -->
SECTION 37. IC 12-10-6-5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 5. (a) An individual
who is determined as disabled under section 2(a)(2) of this chapter
because of mental illness may be admitted to a home or facility that
provides residential care to the extent that money is available for the
care.
(b) Within thirty (30) days after a mentally ill individual is placed
in a home or facility that provides residential care, a comprehensive
care plan must be developed for the individual.
(c) The residential care facility, in cooperation with the community
mental health center or an individual's managed care provider (as
defined in IC 12-7-2-127(b)) serving the area in which the residential
care facility is located, shall develop the comprehensive care plan for
the individual. The plan must include the following:
(1) Psychosocial rehabilitation services that are provided within
the community.
(2) A comprehensive range of activities to meet multiple levels of
need, including the following:
(A) Recreational and socialization activities.
(B) Social skills.
(C) Educational, training, occupational, and work programs.
(D) Opportunities for progression into less restrictive and
more independent living arrangements.
(3) Appropriate alternate placement if the individual's needs
cannot be met by the facility.
(d) The health facilities council shall, in coordination with the
division of mental health and addiction and the division, adopt rules
under IC 4-22-2 to govern:
(1) residential care; and
(2) the comprehensive care plan;
provided to individuals suffering from mental illness who reside under
this chapter in a home or facility that provides residential care.
SOURCE: IC 12-10-12-12; (01)HB1813.2.38. -->
SECTION 38. IC 12-10-12-12 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 12. (a) The activities
of the screening team must be conducted under uniform rules adopted
under IC 4-22-2 by the director of the division.
(b) The rules must be developed in cooperation with the division of
mental health and addiction and the office.
SOURCE: IC 12-11-2.1-9; (01)HB1813.2.39. -->
SECTION 39. IC 12-11-2.1-9, AS ADDED BY P.L.272-1999,
SECTION 34, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2001]: Sec. 9. The division of mental health and addiction
and the division shall enter into a memorandum of understanding
concerning referrals to the bureau of developmentally disabled
individuals discharged from or on an outpatient status from a state
institution operated by the division of mental health and addiction.
SOURCE: IC 12-11-7-6; (01)HB1813.2.40. -->
SECTION 40. IC 12-11-7-6 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 6. The comprehensive
plan required by section 5(3) of this chapter must include an
interagency cooperation agreement among the following:
(1) The department of education.
(2) The division of mental health and addiction.
(3) The division of family and children.
(4) The division.
(5) Any other appropriate agencies.
SOURCE: IC 12-11-7-7; (01)HB1813.2.41. -->
SECTION 41. IC 12-11-7-7 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 7. The following shall
cooperate with the commission and each other in developing and
updating the comprehensive plan required by section 5(3) of this
chapter and in developing and complying with the interagency
cooperation agreement required by section 6 of this chapter:
(1) The department of education.
(2) The division of mental health and addiction.
(3) The division of family and children.
(4) The division.
(5) Any other appropriate agencies.
SOURCE: IC 12-11-8-3; (01)HB1813.2.42. -->
SECTION 42. IC 12-11-8-3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 3. (a) The institute for
autism in cooperation with the appropriate state agencies shall do the
following:
(1) Provide informational services about autism.
(2) Provide an information system for services provided to
individuals with autism and their families by federal, state, local,
and private agencies.
(3) Develop a data base from information received by the
division, the division of mental health and addiction, the
department of education, and the state department of health
relative to the services provided to autistic individuals and their
families.
(4) Offer training and technical assistance to providers of services
and families of individuals with autism.
(5) Research methods for assessing, planning, implementing, and
evaluating programs for individuals with autism and their
families.
(6) Develop model curricula and resource materials for providers
of services and families of individuals with autism.
(7) Conduct one (1) time every three (3) years a statewide needs
assessment study designed to determine the following:
(A) The status of services provided to autistic individuals and
their families.
(B) The need for additional or alternative services for autistic
individuals and their families.
(b) The institute for autism shall deliver to the general assembly the
results of the needs assessment study required by subsection (a)(7)
before December 1 of each year in which the study is conducted.
SOURCE: IC 12-13-12-3; (01)HB1813.2.43. -->
SECTION 43. IC 12-13-12-3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 3. The commission
consists of nineteen (19) members appointed as follows:
(1) Two (2) members of the senate, who are not members of the
same political party, appointed by the president pro tempore of
the senate with the advice of the minority leader of the senate.
(2) Two (2) members of the house of representatives, who are not
members of the same political party, appointed by the speaker of
the house of representatives with the advice of the minority leader
of the house of representatives.
(3) The director of the division of family and children or the
director's designee.
(4) The director of the division of mental health and addiction or
the director's designee.
(5) The commissioner of the state department of health or the
commissioner's designee.
(6) The superintendent of public instruction or the
superintendent's designee.
(7) The commissioner of the department of correction or the
commissioner's designee.
(8) The director of the civil rights commission or the director's
designee.
(9) The commissioner of the department of administration or the
commissioner's designee.
(10) The director of the department of commerce or the director's
designee.
(11) A minority business person, appointed by the governor.
(12) Three (3) persons appointed by the president pro tempore of
the senate who are not members of the general assembly. Not
more than two (2) of the persons appointed under this subdivision
may be members of the same political party.
(13) Three (3) persons appointed by the speaker of the house of
representatives who are not members of the general assembly. Not
more than two (2) of the persons appointed under this subdivision
may be members of the same political party.
SOURCE: IC 12-15-18-5.1; (01)HB1813.2.44. -->
SECTION 44. IC 12-15-18-5.1, AS AMENDED BY P.L.113-2000,
SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2001]: Sec. 5.1. (a) For state fiscal years ending on or after
June 30, 1998, the trustees and each municipal health and hospital
corporation established under IC 16-22-8-6 are authorized to make
intergovernmental transfers to the Medicaid indigent care trust fund in
amounts to be determined jointly by the office and the trustees, and the
office and each municipal health and hospital corporation.
(b) The treasurer of state shall annually transfer from appropriations
made for the division of mental health
and addiction sufficient money
to provide the state's share of payments under IC 12-15-16-6(c)(2).
(c) The office shall coordinate the transfers from the trustees and
each municipal health and hospital corporation established under
IC 16-22-8-6 so that the aggregate intergovernmental transfers, when
combined with federal matching funds:
(1) produce payments to each hospital licensed under IC 16-21
that qualifies as a disproportionate share provider under
IC 12-15-16-1(a); and
(2) both individually and in the aggregate do not exceed limits
prescribed by the federal Health Care Financing Administration.
The trustees and a municipal health and hospital corporation are not
required to make intergovernmental transfers under this section. The
trustees and a municipal health and hospital corporation may make
additional transfers to the Medicaid indigent care trust fund to the
extent necessary to make additional payments from the Medicaid
indigent care trust fund apply to a prior federal fiscal year as provided
in IC 12-15-19-1(b).
(d) A municipal disproportionate share provider (as defined in
IC 12-15-16-1) shall transfer to the Medicaid indigent care trust fund
an amount determined jointly by the office and the municipal
disproportionate share provider. A municipal disproportionate share
provider is not required to make intergovernmental transfers under this
section. A municipal disproportionate share provider may make
additional transfers to the Medicaid indigent care trust fund to the
extent necessary to make additional payments from the Medicaid
indigent care trust fund apply to a prior federal fiscal year as provided
in IC 12-15-19-1(b).
(e) A county making a payment under IC 12-29-1-7(b) or from other
county sources to a community mental health center qualifying as a
community mental health center disproportionate share provider shall
certify that the payment represents expenditures that are eligible for
federal financial participation under 42 U.S.C. 1396b(w)(6)(A) and 42
CFR 433.51. The office shall assist a county in making this
certification.
SOURCE: IC 12-15-33-6; (01)HB1813.2.45. -->
SECTION 45. IC 12-15-33-6 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 6. The following shall
serve as ex officio members of the committee:
(1) The state health commissioner or the commissioner's
designee.
(2) The director of the division of mental health and addiction or
the director's designee.
(3) The administrator of the office.
SOURCE: IC 12-16-1-1; (01)HB1813.2.46. -->
SECTION 46. IC 12-16-1-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 1. As used in this
chapter, "affected agency" means any of the following:
(1) The department of correction.
(2) The state department of health.
(3) The division of mental health and addiction.
(4) The division of disability, aging, and rehabilitative services.
SOURCE: IC 12-16-2-5; (01)HB1813.2.47. -->
SECTION 47. IC 12-16-2-5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 5. The hospital care for
the indigent program does not apply to inmates and patients of
institutions of the department of correction, the state department of
health, the division of mental health and addiction, or the division of
disability, aging, and rehabilitative services.
SOURCE: IC 12-16-10-1; (01)HB1813.2.48. -->
SECTION 48. IC 12-16-10-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 1. The division shall,
with the advice of the division's medical staff, the division of mental
health and addiction, the division of disability, aging, and
rehabilitative services, and other individuals selected by the director of
the division, adopt rules under IC 4-22-2 to do the following:
(1) Provide for review and approval of services paid under the
hospital care for the indigent program.
(2) Establish limitations consistent with medical necessity on the
duration of services to be provided.
(3) Specify the amount of and method for reimbursement for
services.
(4) Specify the conditions under which payments will be denied
and improper payments will be recovered.
SOURCE: IC 12-17-15-1; (01)HB1813.2.49. -->
SECTION 49. IC 12-17-15-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 1. As used in this
chapter, "agency" means a department, a commission, a council, a
board, a bureau, a division, a service, an office, or an administration
that is responsible for providing services to infants and toddlers with
disabilities and their families, including the following:
(1) The division of mental health and addiction.
(2) The state department of health.
(3) The division of family and children.
(4) The division of disability, aging, and rehabilitative services.
(5) The department of education.
SOURCE: IC 12-17.2-1-1; (01)HB1813.2.50. -->
SECTION 50. IC 12-17.2-1-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 1. This article does not
apply to the following:
(1) A child care center or child care home licensed or operated by
any of the following:
(A) Programs for children in grades kindergarten through 12
that are operated under the authority of the department of
education or that are operated with the assistance of the
department of education.
(B) The division of mental health and addiction.
(C) The state department of health.
(D) The department of correction.
(2) A county jail or detention center.
SOURCE: IC 12-17.2-2-2; (01)HB1813.2.51. -->
SECTION 51. IC 12-17.2-2-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 2. The division may do
the following:
(1) Prescribe forms for reports, statements, notices, and other
documents required by this article or by the rules adopted under
this article.
(2) Increase public awareness of this article and the rules adopted
under this article by preparing and publishing manuals and guides
explaining this article and the rules adopted under this article.
(3) Facilitate compliance with and enforcement of this article
through the publication of materials under subdivision (2).
(4) Prepare reports and studies to advance the purpose of this
article.
(5) Seek the advice and recommendations of state agencies whose
information and knowledge would be of assistance in writing,
revising, or monitoring rules developed under this article. These
agencies, including the office of the attorney general, state
department of health, division of mental health and addiction,
bureau of criminal identification and investigation, and fire
prevention and building safety commission, shall upon request
supply necessary information to the division.
(6) Make the directory of licensees available to the public for a
charge not to exceed the cost of reproducing the directory.
(7) Charge a reasonable processing fee for each license
application and renewal as follows:
(A) For a child care center license, a fee of two dollars ($2) per
licensed child capacity.
(B) For a child care center new inquiry application packet, a
fee not to exceed five dollars ($5).
(C) For a child care home license new inquiry application
packet, a fee not to exceed five dollars ($5).
(D) For a child care home annual inspection, a fee not to
exceed twenty-five dollars ($25).
(8) Exercise any other regulatory and administrative powers
necessary to carry out the functions of the division.
SOURCE: IC 12-17.4-1-1; (01)HB1813.2.52. -->
SECTION 52. IC 12-17.4-1-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 1. This article does not
apply to the following:
(1) A child caring institution, foster family home, group home, or
child placing agency licensed or operated by any of the following:
(A) Programs for children in grades kindergarten through 12
that are operated under the authority of the department of
education or that are operated with the assistance of the
department of education.
(B) The division of mental health and addiction.
(C) The state department of health.
(D) The department of correction.
(2) A person who has received a child for adoption from a
licensed child placement agency.
(3) A county jail or detention center.
SOURCE: IC 12-17.4-2-2; (01)HB1813.2.53. -->
SECTION 53. IC 12-17.4-2-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 2. The division may do
the following:
(1) Prescribe forms for reports, statements, notices, and other
documents required by this article or by the rules adopted under
this article.
(2) Increase public awareness of this article and the rules adopted
under this article by preparing and publishing manuals and guides
explaining this article and the rules adopted under this article.
(3) Facilitate compliance with and enforcement of this article
through the publication of materials under subdivision (2).
(4) Prepare reports and studies to advance the purpose of this
article.
(5) Seek the advice and recommendations of state agencies whose
information and knowledge would be of assistance in writing,
revising, or monitoring rules developed under this article. These
agencies, including the office of the attorney general, state
department of health, division of mental health and addiction,
bureau of criminal identification and investigation, and fire
prevention and building safety commission, shall upon request
supply necessary information to the division.
(6) Make the directory of licensees available to the public for a
charge not to exceed the cost of reproducing the directory.
(7) Charge a reasonable processing fee for each license
application and renewal as follows:
(A) For a child caring institution or group home license, a fee
not to exceed three dollars ($3) for each licensed bed based on
total licensed bed capacity not to exceed a maximum fee of
one hundred fifty dollars ($150).
(B) For a child placing agency license, a fee not to exceed fifty
dollars ($50).
(8) Exercise any other regulatory and administrative powers
necessary to carry out the functions of the division.
SOURCE: IC 12-21-1-1; (01)HB1813.2.54. -->
SECTION 54. IC 12-21-1-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 1. The division of
mental health and addiction is established to apply the division's
resources to ensure that Indiana citizens have access to appropriate
mental health and addiction services that promote individual
self-sufficiency.
SOURCE: IC 12-21-1-3; (01)HB1813.2.55. -->
SECTION 55. IC 12-21-1-3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 3. The division is
composed of the following:
(1) The director.
(2) The division of mental health and addiction advisory council.
(3) Other personnel necessary for the performance of the
functions imposed upon the division under law.
SOURCE: IC 12-21-2-3; (01)HB1813.2.56. -->
SECTION 56. IC 12-21-2-3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: 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 who are mentally ill.
(C) Certifying community residential programs described in
IC 12-22-2-3 for individuals who are mentally ill.
(D) Certifying community mental health centers to operate in
Indiana.
(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 under IC 20-12-0.5, 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.
(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 12-21-2-8; (01)HB1813.2.57. -->
SECTION 57. IC 12-21-2-8 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 8. (a) The director shall
develop a comprehensive system of monitoring, evaluation, and quality
assurance for the continuum of care required by this chapter.
(b) The director shall determine to whom contracts are awarded,
based on the following factors:
(1) The continuity of services a contractor provides for patients.
(2) The accessibility of a contractor's services to patients.
(3) The acceptability of a contractor's services to patients.
(4) A contractor's ability to focus services on building the
self-sufficiency of the patient.
(c) This subsection applies to the reimbursement of contract
payments to managed care providers. Payments must be determined
prospectively in accordance with generally accepted accounting
principles and actuarial principles recognizing costs incurred by
efficiently and economically operated programs that:
(1) serve mentally ill or substance abuse patients; and
(2) are subject to quality and safety standards and laws.
(d) Before entering into a contract under this section, the director
shall submit the contract to the attorney general for approval as to form
and legality.
(e) A contract under this section must do the following:
(1) Specify:
(A) the work to be performed; and
(B) the patient populations to whom services must be
provided.
(2) Provide for a reduction in funding or termination of the
contract for failure to comply with terms of the contract.
(3) Require that the contractor meet the standards set forth in
rules adopted by the division of mental health and addiction
under IC 4-22-2.
(4) Require that the contractor participate in the division's
evaluation process.
(5) For any service for which the division chooses to contract on
a per diem basis, the per diem reimbursement shall be determined
under subsection (c) for the contractor's reasonable cost of
providing services.
(6) In contracts with capitated payment provisions, provide that
the contractor's cost of purchasing stop-loss insurance for the
patient populations to be served in amounts and with limits
customarily purchased by prepaid health care plans must be:
(A) included in the actuarial determination of the capitated
payment amounts; or
(B) separately paid to the contractor by the division.
(7) Provide that a contract for enumerated services granted by the
division under this section to an approved managed care provider
may not create or confer upon the managed care provider liability
or responsibility for care or services beyond those services
supported by the contract.
SOURCE: IC 12-21-4-1; (01)HB1813.2.58. -->
SECTION 58. IC 12-21-4-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 1. As used in this
chapter, "council" refers to the division of mental health and addiction
advisory council established by this chapter.
SOURCE: IC 12-21-4-2; (01)HB1813.2.59. -->
SECTION 59. IC 12-21-4-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 2. The division of
mental health and addiction advisory council is established.
SOURCE: IC 12-21-5-1.5; (01)HB1813.2.60. -->
SECTION 60. IC 12-21-5-1.5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 1.5. The division shall
do the following:
(1) Adopt rules under IC 4-22-2 to establish and maintain criteria
to determine patient eligibility and priority for publicly supported
mental health and addiction services. The rules must include
criteria for patient eligibility and priority based on the following:
(A) A patient's income.
(B) A patient's level of daily functioning.
(C) A patient's prognosis.
(2) Within the limits of appropriated funds, contract with a
network of managed care providers to provide a continuum of
care in an appropriate setting that is the least restrictive to
individuals who qualify for the services.
(3) Require the providers of services funded directly by the
division to be in good standing with an appropriate accrediting
body as required by rules adopted under IC 4-22-2 by the
division.
(4) Develop a provider profile that must be used to evaluate the
performance of a managed care provider and that may be used to
evaluate other providers of mental health services that access state
administered funds, including Medicaid, and other federal
funding. A provider's profile must include input from consumers,
citizens, and representatives of the mental health ombudsman
program (IC 12-27-9) regarding the provider's:
(A) information provided to the patient on patient rights before
treatment;
(B) accessibility, acceptability, and continuity of services
provided or requested; and
(C) total cost of care per individual, using state administered
funds.
(5) Ensure compliance with all other performance criteria set
forth in a provider contract. In addition to the requirements set
forth in IC 12-21-2-7, a provider contract must include the
following:
(A) A requirement that the standards and criteria used in the
evaluation of care plans be available and accessible to the
patient.
(B) A requirement that the provider involve the patient in the
choice of and preparation of the treatment plan to the greatest
extent feasible.
(C) A provision encouraging the provider to intervene in a
patient's situation as early as possible, balancing the patient's
right to liberty with the need for treatment.
(D) A requirement that the provider set up and implement an
internal appeal process for the patient.
(6) Establish a toll free telephone number that operates during
normal business hours for individuals to make comments to the
division in a confidential manner regarding services or service
providers.
(7) Develop a confidential system to evaluate complaints and
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.
(9) Conduct an actuarial analysis July 1, 1994, July 1, 1996, and
then 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.
SOURCE: IC 12-22-2-11; (01)HB1813.2.61. -->
SECTION 61. IC 12-22-2-11 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 11. (a) An entity may
not:
(1) operate a program described in IC 12-22-3; or
(2) hold itself out as operating;
(A) a program described in IC 12-22-3; or
(B) a group home for individuals who are mentally ill;
unless the entity is licensed or certified by the division of mental health
and addiction.
(b) The division of mental health
and addiction shall investigate a
report of:
(1) an unlicensed facility housing a community residential
program described in section 3(1), 3(2), and 3(3) of this chapter;
(2) an uncertified operator of a community residential program
described in section 3(1), 3(2), and 3(3) of this chapter; or
(3) a licensed or certified entity's noncompliance with this article;
and report the division's findings to the attorney general.
(c) The attorney general may do the following:
(1) Seek the issuance of a search warrant to assist in an
investigation under this section.
(2) File an action for injunctive relief to stop the operation of a
facility described in subsection (b) if there is reasonable cause to
believe that:
(A) the facility or the operator community residential program
described in subsection (b) is operating without a required
license or certification; or
(B) a licensed or certified entity's actions or omissions create
an immediate danger of serious bodily injury to a mentally ill
individual or an imminent danger to the health of a mentally
ill individual.
(3) Seek in a civil action a civil penalty of not more than one
hundred dollars ($100) a day for each day a facility is operating:
(A) without a license or certification required by law; or
(B) with a license or certification required under this chapter,
but is not in compliance with this article, IC 12-21-2-3, or
rules adopted under this article or IC 12-21-2-3.
(d) The division of mental health and addiction may provide for the
removal of mentally ill individuals from facilities for the mentally ill
described in subsection (c).
(e) There must be an opportunity for an informal meeting with the
division of mental health and addiction after injunctive relief is
ordered under this section.
(f) The civil penalties collected under this section must be deposited
in the mental health centers fund (IC 6-7-1-32.1).
SOURCE: IC 12-23-5-9; (01)HB1813.2.62. -->
SECTION 62. IC 12-23-5-9 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 9. A court may not
order a defendant or a convicted individual to complete an alcohol and
drug services treatment program under section 2(b)(1) or 6(1) of this
chapter unless the court determines that the program in which the
individual is to participate is administered by a court under
IC 12-23-14 or is certified by the division of mental health and
addiction.
SOURCE: IC 12-23-7-14; (01)HB1813.2.63. -->
SECTION 63. IC 12-23-7-14 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 14. The division may
not release an offender under section 2(2) of this chapter to an alcohol
and drug services treatment program that is not a program administered
by a court under IC 12-23-14 or that has not complied with the
certification requirements of the division of mental health and
addiction.
SOURCE: IC 12-24-1-3; (01)HB1813.2.64. -->
SECTION 64. IC 12-24-1-3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 3. (a) The director of
the division of mental health and addiction has administrative control
of and responsibility for the following state institutions:
(1) Central State Hospital.
(2) Evansville State Hospital.
(3) Evansville State Psychiatric Treatment Center for Children.
(4) Larue D. Carter Memorial Hospital.
(5) Logansport State Hospital.
(6) Madison State Hospital.
(7) Richmond State Hospital.
(8) Any other state owned or operated mental health institution.
(b) Subject to the approval of the director of the budget agency and
the governor, the director of the division of mental health and
addiction may contract for the management and clinical operation of
Larue D. Carter Memorial Hospital.
SOURCE: IC 12-24-1-7; (01)HB1813.2.65. -->
SECTION 65. IC 12-24-1-7 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 7. (a) During the
closing of Central State Hospital, and after the institution is closed, the
division of mental health
and addiction shall secure, maintain, and
fund appropriate long term inpatient beds for individuals who have
been determined by a community mental health center to:
(1) have a chronic and persistent mental disorder or chronic
addictive disorder; and
(2) be in need of care that meets the following criteria:
(A) Twenty-four (24) hour supervision of a patient is
available.
(B) A patient receives:
(i) active treatment as appropriate for a chronic and
persistent mental disorder or chronic addictive disorder;
(ii) case management services from a state approved
provider; and
(iii) maintenance of care under the direction of a physician.
(C) Crisis care.
(b) An individual placed in a long term inpatient bed under this
section shall receive at least the care described in subsection (a)(2)(A)
through (a)(2)(C).
(c) The number of long term inpatient beds that must be secured,
maintained, and funded under subsection (a) must satisfy both of the
following:
(1) The number of long term inpatient beds in the county where
the hospital was located may not be less than twenty-one (21)
adults per one hundred thousand (100,000) adults in the county
where the hospital was located.
(2) The total number of long term inpatient beds may not be less
than twenty-one (21) adults per one hundred thousand (100,000)
adults in the catchment area served by Central State Hospital. The
division may reduce the total number of long term inpatient beds
required by this subdivision whenever the division determines
that caseloads justify a reduction. However:
(A) the total number of long term inpatient beds may not be
reduced below the number required by subdivision (1); and
(B) the number of long term inpatient beds in the county
where the hospital was located may not be reduced below the
number required by subdivision (1).
(d) The division is not required to secure, maintain, and fund long
term inpatient beds under this section that exceed the number of
individuals who have been determined by a community mental health
center to be in need of inpatient care under subsection (a). However,
subject to the limitations of subsection (c), the division shall at all
times retain the ability to secure, maintain, and fund long term inpatient
beds for individuals who satisfy the criteria in subsection (a) as
determined by the community mental health centers.
(e) An individual may not be placed in a long term inpatient bed
under this section at Larue D. Carter Memorial Hospital if the
placement adversely affects the research and teaching mission of the
hospital.
(f) Notwithstanding any other law, the director of the division of
mental health and addiction may not terminate normal patient care or
other operations at Central State Hospital unless the division has
developed a plan to comply with this section. Before closing Central
State Hospital, the director shall submit a report to the legislative
council containing the following information:
(1) The plans the division has made and implemented to comply
with this section.
(2) The disposition of patients made and to be made from July 1,
1993, to the estimated date of closing of Central State Hospital.
(3) Other information the director considers relevant.
SOURCE: IC 12-24-1-8; (01)HB1813.2.66. -->
SECTION 66. IC 12-24-1-8, AS ADDED BY P.L.108-2000,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2001]: Sec. 8. (a) Each state institution shall post a notice that
a resident, the legal representative of the resident, or another individual
designated by the resident may request from the individual in charge
of each shift information that designates the names of all nursing
personnel or direct care staff on duty by job classification for the:
(1) wing;
(2) unit; or
(3) other area as routinely designated by the state institution;
where the resident resides.
(b) The notice required under subsection (a) must meet the
following conditions:
(1) Be posted in a conspicuous place that is readily accessible to
residents and the public.
(2) Be at least 24 point font size on a poster that is at least eleven
(11) inches wide and seventeen (17) inches long.
(3) Contain the:
(A) business telephone number of the superintendent of the
state institution; and
(B) toll free telephone number for filing complaints with the
division that is administratively in charge of the state
institution.
(4) State that if a resident, the legal representative of the resident,
or another individual designated by the resident is unable to
obtain the information described in subsection (a) from the
individual in charge of each shift, the resident, the legal
representative of the resident, or other individual designated by
the resident may do any of the following:
(A) Contact the superintendent of the state institution.
(B) File a complaint with the division that is administratively
in charge of the state institution by using the division's toll
free telephone number.
(c) The director of the:
(1) division of disability, aging, and rehabilitative services; and
(2) division of mental health and addiction;
may adopt rules under IC 4-22-2 to carry out this section.
SOURCE: IC 12-24-1-9; (01)HB1813.2.67. -->
SECTION 67. IC 12-24-1-9, AS ADDED BY P.L.108-2000,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2001]: Sec. 9. (a) A director shall produce a statistical report
semiannually for each state institution that is under the director's
administrative control. The statistical report must list the following
information:
(1) The number of total hours worked in the state institution by
each classification of personnel for which the director maintains
data.
(2) The resident census of the state institution for which the
director maintains data.
(b) The director shall provide a compilation of the statistical reports
prepared under subsection (a) to the following:
(1) Each state institution that is under the director's administrative
control.
(2) The adult protective services unit under IC 12-10-3.
(c) Each state institution shall:
(1) make available in a place that is readily accessible to residents
and the public a copy of the compilation of statistical reports
provided under this section; and
(2) post a notice that a copy of the compilation of statistical
reports may be requested from the individual in charge of each
shift.
(d) The notice required under subsection (c)(2) must meet the
following conditions:
(1) Be posted in a conspicuous place that is readily accessible to
residents and the public.
(2) Be at least 24 point font size on a poster that is at least eleven
(11) inches wide and seventeen (17) inches long.
(3) Contain the:
(A) business telephone number of the superintendent of the
state institution; and
(B) toll free telephone number for filing complaints with the
division that is administratively in charge of the state
institution.
(4) State that if a resident, the legal representative of the resident,
or another individual designated by the resident is unable to
obtain the compilation of statistical reports from the individual in
charge of each shift, the resident, the legal representative of the
resident, or other individual designated by the resident may do
any of the following:
(A) Contact the superintendent of the state institution.
(B) File a complaint with the division that is administratively
in charge of the state institution by using the division's toll
free telephone number.
(e) The director of the:
(1) division of disability, aging, and rehabilitative services; and
(2) division of mental health and addiction;
may adopt rules under IC 4-22-2 to carry out this section.
SOURCE: IC 12-24-12-1; (01)HB1813.2.68. -->
SECTION 68. IC 12-24-12-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 1. As used in this
chapter, "division" refers only to the division of mental health and
addiction.
SOURCE: IC 12-24-12-10; (01)HB1813.2.69. -->
SECTION 69. IC 12-24-12-10, AS AMENDED BY P.L.272-1999,
SECTION 46, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2001]: 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, aging, 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 under IC 35-41-1.
(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 12-24-19-1; (01)HB1813.2.70. -->
SECTION 70. IC 12-24-19-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 1. (a) This chapter
applies only to a patient who is transferred or discharged from a state
institution administered by the division of mental health and
addiction.
(b) This chapter does not apply to any of the following:
(1) An individual who is admitted to a state institution only for
evaluation purposes.
(2) An individual who is incompetent to stand trial.
(3) An individual who has a developmental disability (as defined
in IC 12-7-2-61).
(4) An individual in an alcohol and drug services program who is
not concurrently diagnosed as mentally ill.
(5) An individual who has escaped from the facility to which the
individual was involuntarily committed.
(6) An individual who was admitted to a facility for voluntary
treatment and who has left the facility against the advice of the
attending physician.
SOURCE: IC 12-24-19-7; (01)HB1813.2.71. -->
SECTION 71. IC 12-24-19-7 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2001]: 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 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 12-26-6-8; (01)HB1813.2.72. -->
SECTION 72. IC 12-26-6-8 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 8. (a) If, upon the
completion of the hearing and consideration of the record, the court
finds that the individual is mentally ill and either dangerous or gravely
disabled, the court may order the individual to:
(1) be committed to an appropriate facility; or
(2) enter an outpatient treatment program under IC 12-26-14 for
a period of not more than ninety (90) days.
(b) The court's order must require that the superintendent of the
facility or the attending physician file a treatment plan with the court
within fifteen (15) days of the individual's admission to the facility
under a commitment order.
(c) If the commitment ordered under subsection (a) is to a state
institution administered by the division of mental health and
addiction, the record of commitment proceedings must include a report
from a community mental health center stating both of the following:
(1) That the community mental health center has evaluated the
individual.
(2) That commitment to a state institution administered by the
division of mental health and addiction under this chapter is
appropriate.
(d) The physician who makes the statement required by section 2(c)
of this chapter may be affiliated with the community mental health
center that submits to the court the report required by subsection (c).
(e) If the commitment is of an adult to a research bed at Larue D.
Carter Memorial Hospital as set forth in IC 12-21-2-3, the report from
a community mental health center is not required.
(f) If a commitment ordered under subsection (a) is to a state
institution administered by the division of disability, aging, and
rehabilitative services, the record of commitment proceedings must
include a report from a service coordinator employed by the division
of disability, aging, and rehabilitative services stating that, based on a
diagnostic assessment of the individual, commitment to a state
institution administered by the division of disability, aging, and
rehabilitative services under this chapter is appropriate.
SOURCE: IC 12-26-7-3; (01)HB1813.2.73. -->
SECTION 73. IC 12-26-7-3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 3. (a) A petition filed
under section 2 of this chapter must include a physician's written
statement that states both of the following:
(1) The physician has examined the individual within the past
thirty (30) days.
(2) The physician believes that the individual is:
(A) mentally ill and either dangerous or gravely disabled; and
(B) in need of custody, care, or treatment in a facility for a
period expected to be more than ninety (90) days.
(b) Except as provided in subsection (d), if the commitment is to a
state institution administered by the division of mental health
and
addiction, the record of the proceedings must include a report from a
community mental health center stating both of the following:
(1) The community mental health center has evaluated the
individual.
(2) Commitment to a state institution administered by the division
of mental health
and addiction under this chapter is appropriate.
(c) The physician who makes the statement required by subsection
(a) may be affiliated with the community mental health center that
makes the report required by subsection (b).
(d) If the commitment is of an adult to a research bed at Larue D.
Carter Memorial Hospital, as set forth in IC 12-21-2-3, the report from
a community mental health center is not required.
(e) If a commitment ordered under subsection (a) is to a state
institution administered by the division of disability, aging, and
rehabilitative services, the record of commitment proceedings must
include a report from a service coordinator employed by the division
of disability, aging, and rehabilitative services stating that, based on a
diagnostic assessment of the individual, commitment to a state
institution administered by the division of disability, aging, and
rehabilitative services under this chapter is appropriate.
SOURCE: IC 12-26-11-3.5; (01)HB1813.2.74. -->
SECTION 74. IC 12-26-11-3.5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 3.5. If an individual is
transferred under section 1 of this chapter from a state institution
administered by the division of mental health and addiction, the
gatekeeper for the individual shall facilitate and plan, together with the
individual and state institution, the individual's transition to the
community or to another facility if the facility is not a state institution
administered by the division of mental health and addiction.
SOURCE: IC 12-27-9-3; (01)HB1813.2.75. -->
SECTION 75. IC 12-27-9-3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 3. Within the limits of
appropriated funds, the division of mental health and addiction shall
contract in writing with a nonprofit corporation for the operation of the
mental health ombudsman program. The nonprofit corporation must:
(1) be qualified to receive tax deductible contributions under
Section 170 of the Internal Revenue Code;
(2) have offices statewide; and
(3) have experience in mental health advocacy.
SOURCE: IC 12-27-9-5; (01)HB1813.2.76. -->
SECTION 76. IC 12-27-9-5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 5. (a) The ombudsman
may receive a complaint from the division of mental health's health
and addiction's toll free number (IC 12-21-5-1.5) or any source
concerning an action by an agency, a facility, or a program. After
completing a review, the ombudsman shall inform the complainant and
the agency, facility, or program that the review has been completed.
(b) If, after:
(1) reviewing a complaint;
(2) considering the response of an agency, a facility, or a program;
and
(3) considering any other pertinent material;
the mental health ombudsman determines that the complaint has merit,
the ombudsman may make recommendations to that agency, facility,
or program.
(c) At the ombudsman's request, the agency, facility, or program
shall, within a reasonable time, inform the ombudsman about the action
taken on the ombudsman's recommendation under subsection (b) or the
reasons for not complying with the ombudsman's recommendation.
SOURCE: IC 12-27-9-6; (01)HB1813.2.77. -->
SECTION 77. IC 12-27-9-6 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 6. (a) If the
ombudsman believes that the agency, facility, or program has failed to
comply with the ombudsman's recommendations, the ombudsman shall
refer the matter to the division of mental health
and addiction or the
Indiana protection and advocacy services commission as appropriate.
(b) The ombudsman shall compile annual statistics on each agency,
facility, or program on which it reviews a complaint or conducts an
investigation and determines that the complaint has merit or the
investigation reveals a problem. The statistics must specify the types of
complaints or problems and each agency, facility, or program that has
failed to comply with the ombudsman's recommendations. The
statistics shall be reported to the director of the division of mental
health and addiction.
SOURCE: IC 12-29-1-7; (01)HB1813.2.78. -->
SECTION 78. IC 12-29-1-7, AS AMENDED BY P.L.113-2000,
SECTION 20, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2001]: Sec. 7. (a) On the first Monday in October, the county
auditor shall certify to:
(1) the division of mental health and addiction, for a community
mental health center;
(2) the division of disability, aging, and rehabilitative services, for
a community mental retardation and other developmental
disabilities center; and
(3) the president of the board of directors of each center;
the amount of money that will be provided to the center under this
chapter.
(b) The county payment to the center shall be paid by the county
treasurer to the treasurer of each center's board of directors in the
following manner:
(1) One-half (1/2) of the county payment to the center shall be
made on the second Monday in July.
(2) One-half (1/2) of the county payment to the center shall be
made on the second Monday in December.
A county making a payment under this subsection or from other county
sources to a community mental health center that qualifies as a
community mental health center disproportionate share provider under
IC 12-15-16-1 shall certify that the payment represents expenditures
eligible for financial participation under 42 U.S.C. 1396b(w)(6)(A) and
42 CFR 433.51. The office shall assist a county in making this
certification.
(c) Payments by the county fiscal body:
(1) must be in the amounts:
(A) determined by IC 12-29-2-1 through IC 12-29-2-6; and
(B) authorized by section 1 of this chapter; and
(2) are in place of grants from agencies supported within the
county solely by county tax money.
SOURCE: IC 12-29-2-1; (01)HB1813.2.79. -->
SECTION 79. IC 12-29-2-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 1. This chapter applies
only to the funding of a program of services for the mentally ill that is
designated as a community mental health center by the division of
mental health and addiction in the division's approval of the program.
SOURCE: IC 12-29-2-13; (01)HB1813.2.80. -->
SECTION 80. IC 12-29-2-13 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 13. (a) This section
applies to a county having a population of not less than four hundred
thousand (400,000) but not more than seven hundred thousand
(700,000).
(b) In addition to any other appropriation under this article, a county
annually may fund each center serving the county from the county's
general fund in an amount not exceeding the amount that would be
raised by a tax rate of one cent ($0.01) on each one hundred dollars
($100) of taxable property within the county.
(c) The receipts from the tax levied under this section shall be used
for the leasing, purchasing, constructing, or operating of community
residential facilities for the chronically mentally ill (as defined in
IC 12-7-2-167).
(d) Money appropriated under this section must be:
(1) budgeted under IC 6-1.1-17; and
(2) included in the center's budget submitted to the division of
mental health and addiction.
(e) Permission for a levy increase in excess of the levy limitations
may be ordered under IC 6-1.1-18.5-15 only if the levy increase is
approved by the division of mental health and addiction for a
community mental health center.
SOURCE: IC 12-29-2-14; (01)HB1813.2.81. -->
SECTION 81. IC 12-29-2-14 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 14. (a) An entity may
not:
(1) hold itself out to be a community mental health center; or
(2) use the term "community mental health center";
unless the entity is certified by the division of mental health
and
addiction.
(b) The division of mental health
and addiction shall investigate a
report that an entity is operating as a community mental health center
without the approval of the division of mental health
and addiction
and report the division's findings to the attorney general.
(c) Upon receiving a report made under subsection (b), the attorney
general may do the following:
(1) Seek the issuance of a search warrant to assist in the
investigation.
(2) File an action for injunctive relief to stop the operation of the
entity that is the subject of the report if there is reasonable cause
to believe that the entity is operating without the required
approval of the division of mental health and addiction.
(3) File an action for injunctive relief to stop the entity that is the
subject of the report from using the term "community mental
health center".
(4) Seek in a civil action a civil penalty of not more than one
hundred dollars ($100) a day for each day an entity is operating
without the required approval of the division of mental health and
addiction.
(d) An opportunity for an informal meeting with the division of
mental health and addiction must be provided after the injunctive
relief is ordered.
(e) The civil penalties collected under this section must be deposited
in the mental health centers fund (IC 6-7-1-32.1).
SOURCE: IC 16-32-2-3; (01)HB1813.2.82. -->
SECTION 82. IC 16-32-2-3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 3. The committee shall
be composed of the following members:
(1) The director of the division of disability, aging, and
rehabilitative services or the director's designee.
(2) The commissioner of the Indiana department of administration
or the commissioner's designee.
(3) The executive director of the governor's planning council on
people with disabilities.
(4) The director of the division of mental health and addiction or
the director's designee.
(5) The commissioner of the state department of health or the
commissioner's designee.
(6) Three (3) members appointed by the governor to represent the
public at large.
SOURCE: IC 16-36-3-10; (01)HB1813.2.83. -->
SECTION 83. IC 16-36-3-10 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 10. The superintendent
shall compile a report of all medically necessary treatments approved
under this chapter during each calendar quarter and send the report to
the director of the division of mental health and addiction or the
director of the division of disability, aging, and rehabilitative services
not more than one (1) month after the end of that quarter. The report
must contain the following information:
(1) The name of the patient.
(2) The type of action taken.
(3) The date of the action.
(4) The reason for the action.
(5) The names of the treating physician, the physician
independent of the appropriate facility, and any other physician
who entered an opinion that was contrary to the treating
physician's opinion.
SOURCE: IC 16-39-2-2; (01)HB1813.2.84. -->
SECTION 84. IC 16-39-2-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 2. A record for each
patient receiving mental health services shall be maintained by the
provider. The mental health record must contain the information that
the division of mental health and addiction, the division of disability,
aging, and rehabilitative services, or the state department requires by
rule. The provider is:
(1) the owner of the mental health record;
(2) responsible for the record's safekeeping; and
(3) entitled to retain possession of the record.
The information contained in the mental health record belongs to the
patient involved as well as to the provider. The provider shall maintain
the original mental health record or a microfilm of the mental health
record for at least seven (7) years.
SOURCE: IC 16-39-2-6; (01)HB1813.2.85. -->
SECTION 85. IC 16-39-2-6, AS AMENDED BY P.L.272-1999,
SECTION 53, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2001]: Sec. 6. (a) Without the consent of the patient, the
patient's mental health record may only be disclosed as follows:
(1) To individuals who meet the following conditions:
(A) Are employed by:
(i) the provider at the same facility or agency;
(ii) a managed care provider (as defined in
IC 12-7-2-127(b)); or
(iii) a health care provider or mental health care provider, if
the mental health records are needed to provide health care
or mental health services to the patient.
(B) Are involved in the planning, provision, and monitoring of
services.
(2) To the extent necessary to obtain payment for services
rendered or other benefits to which the patient may be entitled, as
provided in IC 16-39-5-3.
(3) To the patient's court appointed counsel and to the Indiana
protection and advocacy services commission.
(4) For research conducted in accordance with IC 16-39-5-3 and
the rules of the division of mental health
and addiction, the rules
of the division of disability, aging, and rehabilitative services, or
the rules of the provider.
(5) To the division of mental health
and addiction for the
purpose of data collection, research, and monitoring managed
care providers (as defined in IC 12-7-2-127(b)) who are operating
under a contract with the division of mental health and addiction.
(6) To the extent necessary to make reports or give testimony
required by the statutes pertaining to admissions, transfers,
discharges, and guardianship proceedings.
(7) To a law enforcement agency if any of the following
conditions are met:
(A) A patient escapes from a facility to which the patient is
committed under IC 12-26.
(B) The superintendent of the facility determines that failure
to provide the information may result in bodily harm to the
patient or another individual.
(C) A patient commits or threatens to commit a crime on
facility premises or against facility personnel.
(D) A patient is in the custody of a law enforcement officer or
agency for any reason and:
(i) the information to be released is limited to medications
currently prescribed for the patient or to the patient's history
of adverse medication reactions; and
(ii) the provider determines that the release of the
medication information will assist in protecting the health,
safety, or welfare of the patient.
Mental health records released under this clause must be
maintained in confidence by the law enforcement agency
receiving them.
(8) To a coroner or medical examiner, in the performance of the
individual's duties.
(9) To a school in which the patient is enrolled if the
superintendent of the facility determines that the information will
assist the school in meeting educational needs of a person with a
disability under 20 U.S.C. 1400 et seq.
(10) To the extent necessary to satisfy reporting requirements
under the following statutes:
(A) IC 12-10-3-10.
(B) IC 12-17-2-16.
(C) IC 12-24-17-5.
(D) IC 16-41-2-3.
(E) IC 31-33-5-4.
(F) IC 34-30-16-2.
(G) IC 35-46-1-13.
(11) To the extent necessary to satisfy release of information
requirements under the following statutes:
(A) IC 12-24-11-2.
(B) IC 12-24-12-3, IC 12-24-12-4, and IC 12-24-12-6.
(C) IC 12-26-11.
(12) To another health care provider in a health care emergency.
(13) For legitimate business purposes as described in
IC 16-39-5-3.
(14) Under a court order under IC 16-39-3.
(15) With respect to records from a mental health or
developmental disability facility, to the United States Secret
Service if the following conditions are met:
(A) The request does not apply to alcohol or drug abuse
records described in 42 U.S.C. 290dd-2 unless authorized by
a court order under 42 U.S.C. 290dd-2(b)(2)(c).
(B) The request relates to the United States Secret Service's
protective responsibility and investigative authority under 18
U.S.C. 3056, 18 U.S.C. 871, or 18 U.S.C. 879.
(C) The request specifies an individual patient.
(D) The director or superintendent of the facility determines
that disclosure of the mental health record may be necessary
to protect a person under the protection of the United States
Secret Service from serious bodily injury or death.
(E) The United States Secret Service agrees to only use the
mental health record information for investigative purposes
and not disclose the information publicly.
(F) The mental health record information disclosed to the
United States Secret Service includes only:
(i) the patient's name, age, and address;
(ii) the date of the patient's admission to or discharge from
the facility; and
(iii) any information that indicates whether or not the patient
has a history of violence or presents a danger to the person
under protection.
(16) To the statewide waiver ombudsman established under
IC 12-11-13, in the performance of the ombudsman's duties.
(b) After information is disclosed under subsection (a)(15) and if the
patient is evaluated to be dangerous, the records shall be interpreted in
consultation with a licensed mental health professional on the staff of
the United States Secret Service.
(c) A person who discloses information under subsection (a)(7) or
(a)(15) in good faith is immune from civil and criminal liability.
SOURCE: IC 16-42-20-8; (01)HB1813.2.86. -->
SECTION 86. IC 16-42-20-8 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 8. The addiction
services bureau of the division of mental health and addiction shall
carry out educational programs designed to prevent and deter misuse
and abuse of controlled substances. In connection with these programs,
the bureau may do the following:
(1) Promote better recognition of the problems of misuse and
abuse of controlled substances within the regulated industry and
among interested groups and organizations.
(2) Assist the regulated industry and interested groups and
organizations in contributing to the reduction of misuse and abuse
of controlled substances.
(3) Consult with interested groups and organizations to aid the
groups and organizations in solving administrative and
organizational problems.
(4) Evaluate procedures, projects, techniques, and controls
conducted or proposed as part of educational programs on misuse
and abuse of controlled substances.
(5) Disseminate the results of research on misuse and abuse of
controlled substances to promote a better public understanding of
what problems exist and what can be done to combat the
problems.
(6) Assist in the education and training of state and local law
enforcement officials in efforts to control misuse and abuse of
controlled substances.
SOURCE: IC 16-42-20-9; (01)HB1813.2.87. -->
SECTION 87. IC 16-42-20-9 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 9. The addiction
services bureau of the division of mental health
and addiction shall
encourage research on misuse and abuse of controlled substances. In
connection with the research and in furtherance of the enforcement of
laws relating to controlled substances, the bureau may do the
following:
(1) Establish methods to assess accurately the effects of controlled
substances and identify and characterize those with potential for
abuse.
(2) Make studies and undertake programs of research to do the
following:
(A) Develop new or improved approaches, techniques,
systems, equipment, and devices to strengthen the enforcement
of laws relating to controlled substances.
(B) Determine patterns of misuse and abuse of controlled
substances and the social effects of such behavior.
(C) Improve methods for preventing, predicting,
understanding, and dealing with the misuse and abuse of
controlled substances.
(3) Enter into contracts with public agencies, institutions of higher
education, and private organizations or individuals for the
purpose of conducting research, demonstrations, or special
projects that bear directly on misuse and abuse of controlled
substances.
SOURCE: IC 16-42-20-10; (01)HB1813.2.88. -->
SECTION 88. IC 16-42-20-10 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 10. The addiction
services bureau of the division of mental health and addiction may
enter into contracts for educational and research activities without
performance bonds.
SOURCE: IC 16-46-6-4; (01)HB1813.2.89. -->
SECTION 89. IC 16-46-6-4 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 4. (a) The council
consists of the following seventeen (17) members:
(1) Two (2) members of the house of representatives from
different political parties appointed by the speaker of the house of
representatives.
(2) Two (2) members of the senate from different political parties
appointed by the president pro tempore of the senate.
(3) The governor or the governor's designee.
(4) The state health commissioner or the commissioner's
designee.
(5) The director of the division of family and children or the
director's designee.
(6) The superintendent of public instruction or the
superintendent's designee.
(7) The director of the division of mental health and addiction or
the director's designee.
(8) The commissioner of the department of correction or the
commissioner's designee.
(9) The director of the division of disability, aging, and
rehabilitative services or the director's designee.
(10) One (1) representative of a public health care facility
appointed by the governor.
(11) One (1) licensed physician appointed by the governor who
has knowledge and experience in the special health needs of
minorities.
(12) One (1) psychologist appointed by the governor who:
(A) is licensed to practice psychology in Indiana; and
(B) has knowledge and experience in the special health needs
of minorities.
(13) Three (3) members appointed by the governor, who represent
statewide organizations concerned with the health, economic,
social, or educational needs of minorities. However, at least one
(1) of the members must be a member of the Indiana minority
health coalition.
(b) At least fifty percent (50%) of the members of the council must
be minorities.
SOURCE: IC 20-1-1.8-13; (01)HB1813.2.90. -->
SECTION 90. IC 20-1-1.8-13 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 13. (a) The step ahead
statewide panel is established to implement the step ahead program.
(b) The panel consists of the following members:
(1) Six (6) members who:
(A) shall be appointed by and serve at the pleasure of the
governor; and
(B) are selected from representatives of the following state
agencies:
(i) Division of mental health and addiction.
(ii) State department of health.
(iii) Division of children and family services.
(iv) Budget agency.
(v) Division of aging and rehabilitative services.
(vi) Department of education.
(vii) Executive staff of the lieutenant governor with
knowledge in the area of employment and training
programs.
(viii) Executive staff of the governor.
(2) Five (5) members who:
(A) shall be appointed by and serve at the pleasure of the
governor;
(B) are representative of the private sector; and
(C) are knowledgeable in the field of early childhood
development.
(3) Four (4) members who:
(A) shall be appointed by and serve at the pleasure of the state
superintendent of public instruction; and
(B) are knowledgeable in early childhood education.
(c) The chairman of the panel shall be appointed by the governor
from outside of the membership of the panel as described in subsection
(b). The chairman serves at the pleasure of the governor.
SOURCE: IC 20-1-6-2.1; (01)HB1813.2.91. -->
SECTION 91. IC 20-1-6-2.1, AS AMENDED BY P.L.69-1999,
SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2001]: Sec. 2.1. (a) There is created under the Indiana state
board of education a division of special education, which shall exercise
all the power and duties set out in this chapter. The governor shall
appoint, upon the recommendation of the state superintendent of public
instruction, a director of special education who serves at the pleasure
of the governor. The amount of compensation of the director shall be
fixed by the budget agency with the approval of the governor. The
duties of the director are as follows:
(1) To have general supervision of all programs, classes, and
schools, including those conducted by the public schools, the
Indiana School for the Blind, the Indiana School for the Deaf, the
department of correction, the state department of health, the
division of disability, aging, and rehabilitative services, and the
division of mental health and addiction, for children with
disabilities and to coordinate the work of these schools. In
addition, relative to programs for preschool children with
disabilities as required under section 14.1 of this chapter, the
director has general supervision over programs, classes, and
schools, including those conducted by the schools or other state
or local service providers as contracted for under section 14.1 of
this chapter. However, general supervision does not include the
determination of admission standards for the state departments,
boards, or agencies authorized to provide programs or classes
under this chapter.
(2) To adopt, with the approval of the Indiana state board of
education, rules governing the curriculum and instruction,
including licensing of personnel in the field of education, as
provided by law.
(3) To inspect and rate all schools, programs, or classes for
children with disabilities to maintain proper standards of
personnel, equipment, and supplies.
(4) With the consent of the state superintendent of public
instruction and the budget agency, to appoint and fix salaries for
any assistants and other personnel needed to enable the director
to accomplish the duties of the director's office.
(5) To adopt, with the approval of the Indiana state board of
education, the following:
(A) Rules governing the identification and evaluation of
children with disabilities and their placement under an
individualized education program in a special education
program.
(B) Rules protecting the rights of a child with a disability and
the parents of the child with a disability in the identification,
evaluation, and placement process.
(6) To make recommendations to the Indiana state board of
education concerning standards and case load ranges for related
services to assist each teacher in meeting the individual needs of
each child according to that child's individualized education
program. The recommendations may include the following:
(A) The number of teacher aides recommended for each
exceptionality included within the class size ranges.
(B) The role of the teacher aide.
(C) Minimum training recommendations for teacher aides and
recommended procedures for the supervision of teacher aides.
(7) To cooperate with the interagency coordinating council
established under IC 12-17-15 to ensure that the preschool special
education programs required under section 14.1 of this chapter
are consistent with the early intervention services program
described in IC 12-17-15.
(b) The director or the Indiana state board of education may exercise
authority over vocational programs for children with disabilities
through a letter of agreement with the department of workforce
development.
SOURCE: IC 20-1-6-15.1; (01)HB1813.2.92. -->
SECTION 92. IC 20-1-6-15.1, AS AMENDED BY P.L.69-1999,
SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2001]: Sec. 15.1. (a) For the purposes of this section,
"comprehensive plan" means a plan for educating all children with
disabilities that a school corporation is required to educate under
sections 14 through 14.1 of this chapter, and those additional children
with disabilities that it elects to educate.
(b) For purposes of this section, "school corporation" includes the
following:
(1) The Indiana School for the Blind board.
(2) The Indiana School for the Deaf board.
(c) The Indiana state board of education shall adopt rules under
IC 4-22-2 detailing the contents of the comprehensive plan. Each
school corporation shall complete and submit to the state
superintendent of public instruction a comprehensive plan. School
corporations operating cooperative or joint special education services
may submit a single comprehensive plan. In addition, if a school
corporation enters into a contractual agreement as permitted under
section 14.1 of this chapter, the school corporation shall collaborate
with the service provider in formulating the comprehensive plan.
(d) Notwithstanding the age limits set out in section 1 of this
chapter, the Indiana state board of education may conduct a program
for the early identification of children with disabilities, between the
ages of birth and twenty-one (21), not served by the public schools or
through a contractual agreement under section 14.1 of this chapter, and
may utilize agencies that serve children with disabilities other than the
public schools.
(e) The Indiana state board of education shall adopt rules under
IC 4-22-2 requiring the department of correction, the state department
of health, the division of disability, aging, and rehabilitative services,
the Indiana School for the Blind board, the Indiana School for the Deaf
board, and the division of mental health and addiction to submit to the
superintendent of public instruction a plan for the provision of special
education for children in programs administered by each respective
agency who are entitled to a special education.
(f) The superintendent of public instruction shall furnish
professional consultant services to the school corporations, the
department of correction, the state department of health, the division
of disability, aging, and rehabilitative services, the Indiana School for
the Blind board, the Indiana School for the Deaf board, and the division
of mental health and addiction to aid them in fulfilling the
requirements of this section.
SOURCE: IC 20-1-6-16; (01)HB1813.2.93. -->
SECTION 93. IC 20-1-6-16, AS AMENDED BY P.L.69-1999,
SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2001]: Sec. 16. (a) The superintendent shall appoint a state
advisory council on the education of children with disabilities whose
duties shall consist of providing policy guidance concerning special
education and related services for children with disabilities. The
superintendent shall appoint at least seventeen (17) members who shall
serve for a period of four (4) years. Vacancies shall be filled in like
manner for the unexpired balance of the term.
(b) The members must be citizens of Indiana who are representative
of the state's population and selected on the basis of their involvement
in or concern with the education of children with disabilities. A
majority of the members must be individuals with disabilities or the
parents of children with disabilities. Members must include the
following:
(1) Parents of children with disabilities.
(2) Individuals with disabilities.
(3) Teachers.
(4) Representatives of higher education institutions that prepare
special education and related services personnel.
(5) State and local education officials.
(6) Administrators of programs for children with disabilities.
(7) Representatives of state agencies involved in the financing or
delivery of related services to children with disabilities, including
the following:
(A) The commissioner of the state department of health or the
commissioner's designee.
(B) The director of the division of disability, aging, and
rehabilitative services or the director's designee.
(C) The director of the division of mental health
and
addiction or the director's designee.
(D) The director of the division of family and children or the
director's designee.
(8) Representatives of nonpublic schools and freeway schools.
(9) One (1) or more representatives of vocational, community, or
business organizations concerned with the provision of
transitional services to children with disabilities.
(10) Representatives of the department of correction.
(11) A representative of each of the following:
(A) The Indiana School for the Blind board.
(B) The Indiana School for the Deaf board.
(c) The responsibilities of the state advisory council are as follows:
(1) To advise the superintendent and the board regarding all rules
pertaining to children with disabilities.
(2) To recommend approval or rejection of completed
comprehensive plans submitted by school corporations acting
individually or on a joint school services program basis with other
corporations.
(3) To advise the department of unmet needs within the state in
the education of children with disabilities.
(4) To provide public comment on rules proposed by the board
regarding the education of children with disabilities.
(5) To advise the department in developing evaluations and
reporting data to the United States Secretary of Education under
20 U.S.C. 1418.
(6) To advise the department in developing corrective action
plans to address findings identified in federal monitoring reports
under 20 U.S.C. 1400 et seq.
(7) To advise the department in developing and implementing
policies related to the coordination of services for children with
disabilities.
(d) The council shall organize with a chairperson selected by the
superintendent and meet as often as necessary to conduct the council's
business at the call of the chairperson upon ten (10) days written notice
but not less than four (4) times a year. Members of the council shall be
entitled to reasonable amounts for expenses necessarily incurred in the
performance of their duties.
(e) The superintendent shall designate the director to act as
executive secretary of the council and shall furnish all professional and
clerical assistance necessary for the performance of its powers and
duties.
(f) The affirmative votes of a majority of the members appointed to
the council are required for the council to take action.
SOURCE: IC 20-1-6-18.2; (01)HB1813.2.94. -->
SECTION 94. IC 20-1-6-18.2, AS AMENDED BY P.L.69-1999,
SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2001]: Sec. 18.2. (a) The Indiana state board of education
shall adopt rules under IC 4-22-2 which establish limitations on the
amount of transportation which may be provided in the student's
individualized education program. Unless otherwise specially shown
to be essential by the child's individualized education program, in case
of residency in a public or private facility, these rules shall limit the
transportation required by the student's individualized education
program to his first entrance and final departure each school year plus
round trip transportation each school holiday period and two (2)
additional round trips each school year.
(b) Whenever a student is a transfer student receiving special
education in a public school, the state or school corporation responsible
for the payment of transfer tuition under IC 20-8.1-6.1-1 shall bear the
cost of transportation required by the student's individualized education
program. However, if a transfer student was counted as an eligible
student for purposes of a distribution in a calendar year under
IC 21-3-3.1, the transportation costs that the transferee school may
charge for a school year ending in the calendar year shall be reduced
by the sum of the following:
(1) The quotient of the amount of money that the transferee
school is eligible to receive under IC 21-3-3.1-2.1 for the calendar
year in which the school year ends divided by the number of
eligible students for the transferee school for the calendar year (as
determined under IC 21-3-3.1-2.1).
(2) The amount of money that the transferee school is eligible to
receive under IC 21-3-3.1-4 for the calendar year in which the
school year ends for the transportation of the transfer student
during the school year.
(c) Whenever a student receives a special education:
(1) in a facility operated by:
(A) the state department of health;
(B) the division of disability, aging, and rehabilitative services;
or
(C) the division of mental health and addiction;
(2) at the Indiana School for the Blind; or
(3) at the Indiana School for the Deaf;
the school corporation in which the student has legal settlement shall
bear the cost of transportation required by the student's individualized
education program. However, if the student's legal settlement cannot
be ascertained, the Indiana state board of education shall bear the cost
of transportation required by the student's individualized education
program.
(d) Whenever a student is placed in a private facility under section
19 of this chapter in order to receive a special education because the
student's school corporation cannot provide an appropriate special
education program, the school corporation in which the student has
legal settlement shall bear the cost of transportation required by the
student's individualized education program. However, if the student's
legal settlement cannot be ascertained, the Indiana state board of
education shall bear the cost of transportation required by the student's
individualized education program.
SOURCE: IC 20-1-6.1-3.2; (01)HB1813.2.95. -->
SECTION 95. IC 20-1-6.1-3.2, AS ADDED BY P.L.272-1999,
SECTION 57, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2001]: Sec. 3.2. As used in this chapter, "public agency"
means a public or private entity that has direct or delegated authority
to provide special education and related services, including the
following:
(1) Public school corporations that operate programs individually
or cooperatively with other school corporations.
(2) Community agencies operated or supported by the office of
the secretary of family and social services, state developmental
centers operated by the division of disability, aging, and
rehabilitative services, and state hospitals operated by the division
of mental health and addiction.
(3) State schools and programs operated by the state department
of health.
(4) Programs operated by the department of correction.
(5) Private schools and facilities that serve students referred or
placed by a public school corporation, the division of special
education, the division of family and children, or other public
entity.
SOURCE: IC 20-1-6.1-13; (01)HB1813.2.96. -->
SECTION 96. IC 20-1-6.1-13, AS AMENDED BY P.L.272-1999,
SECTION 60, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2001]: Sec. 13. (a) The division of disability, aging, and
rehabilitative services, the division of mental health and addiction,
and the department of workforce development shall provide each
school corporation with written material describing the adult services
available to students and the procedures to be used to access those
services.
(b) The material shall be provided in sufficient numbers to allow
each student and, if the student's family is involved, each student's
family to receive a copy at the annual case review if the purpose of the
meeting is to discuss transition services.
SOURCE: IC 20-8.1-6.1-5; (01)HB1813.2.97. -->
SECTION 97. IC 20-8.1-6.1-5, AS AMENDED BY P.L.118-1999,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2001]: Sec. 5. (a) A student who is placed in a state licensed
private or public health care facility, child care facility, or foster family
home:
(1) by or with the consent of the division of family and children;
(2) by a court order; or
(3) by a child-placing agency licensed by the division of family
and children;
may attend school in the school corporation in which the home or
facility is located. If the school corporation in which the home or
facility is located is not the school corporation in which the student has
legal settlement, the school corporation in which the student has legal
settlement shall pay the transfer tuition of the student.
(b) A student who is placed in a state licensed private or public
health care or child care facility by a parent or guardian may attend
school in the school corporation in which the facility is located if:
(1) the placement is necessary for the student's physical or
emotional health and well-being and, if the placement is in a
health care facility, is recommended by a physician; and
(2) the placement is projected to be for no less than fourteen (14)
consecutive calendar days or an aggregate of twenty (20) calendar
days.
The school corporation in which the student has legal settlement shall
pay the transfer tuition of the student. The parent or guardian of the
student shall notify the school corporation in which the facility is
located and the school corporation of the student's legal settlement, if
identifiable, of the placement. No later than thirty (30) days after this
notice, the school corporation of legal settlement shall either pay the
transfer tuition of the transferred student or appeal the payment by
notice to the department of education. The acceptance or notice of
appeal by the school corporation shall be given by certified mail to the
parent or guardian of the student and any affected school corporation.
In the case of a student who is not identified as disabled under
IC 20-1-6, the Indiana state board of education shall make a
determination on transfer tuition in accordance with the procedures set
out in section 10 of this chapter. In the case of a student who has been
identified as disabled under IC 20-1-6, the determination on transfer
tuition shall be made in accordance with this subsection and the
procedures adopted by the Indiana state board of education under
IC 20-1-6-2.1(a)(5).
(c) A student who is placed in:
(1) an institution operated by the division of disability, aging, and
rehabilitative services or the division of mental health and
addiction; or
(2) an institution, a public or private facility, a home, a group
home, or an alternative family setting by the division of disability,
aging, and rehabilitative services or the division of mental health
and addiction;
may attend school in the school corporation in which the institution is
located. The state shall pay the transfer tuition of the student, unless
another entity is required to pay the transfer tuition as a result of a
placement described in subsection (a) or (b) or another state is
obligated to pay the transfer tuition.
SOURCE: IC 22-3-2-2.3; (01)HB1813.2.98. -->
SECTION 98. IC 22-3-2-2.3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 2.3. (a) As used in this
section, "volunteer worker" means a person who:
(1) performs services:
(A) for a state institution (as defined in IC 12-7-2-184); and
(B) for which the person does not receive compensation of any
nature; and
(2) has been approved and accepted as a volunteer worker by the
director of:
(A) the division of disability, aging, and rehabilitative
services; or
(B) the division of mental health and addiction.
(b) Services of any nature performed by a volunteer worker for a
state institution (as defined in IC 12-7-2-184) are governmental
services. A volunteer worker is subject to the medical benefits
described under IC 22-3-2 this chapter through IC 22-3-6. However,
a volunteer worker is not under IC 22-3-2 this chapter through
IC 22-3-6.
SOURCE: IC 25-23.6-1-3.9; (01)HB1813.2.99. -->
SECTION 99. IC 25-23.6-1-3.9, AS ADDED BY P.L.244-1999,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2001]: Sec. 3.9. "Governmental employee" means an
individual employed by the office of the secretary of family and social
services, the division of family and children, the division of mental
health and addiction, the division of disability, aging, and
rehabilitative services, the department of correction, or the state
department of health in one (1) of the following classifications:
(1) 2AA3 Behavioral clinician 3.
(2) 2AA4 Behavioral clinician 4.
(3) 2AA5 Clinical associate 5.
(4) 2FL1 Mental health administrator 1.
(5) 2FL2 Mental health administrator 2.
(6) 2FL3 Mental health administrator 3.
(7) 2AN3 Substance abuse counselor 3.
(8) 2AN4 Substance abuse counselor 4.
(9) 2AN5 Substance abuse counselor 5.
(10) 2AH2 Social services specialist 2.
(11) 2AH3 Social services specialist 3.
(12) 2AH4 Social services specialist 4.
(13) 2AI1 Psychiatric services director 1.
(14) 2AE2 Psychiatric social services specialist 2.
(15) 2AE3 Psychiatric social services specialist 3.
SOURCE: IC 25-23.6-3-2; (01)HB1813.2.100. -->
SECTION 100. IC 25-23.6-3-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 2. (a) This article may
not be construed to limit the marriage and family therapy services
performed by a person who does not use a title specified in this article
and who is one (1) of the following:
(1) A licensed or certified health care professional acting within
the scope of the person's license or certificate.
(2) A student, an intern, or a trainee pursuing a course of study in
medicine or psychology or a course of study to gain licensure
under this article in an accredited institution of higher education
or training institution, or is a graduate accumulating experience
required for licensure if:
(A) the activities are performed under qualified supervision
and constitute a part of the person's supervised course of study
or other level of supervision; and
(B) the student or graduate uses a title that contains the term
"intern" or "trainee";
(3) Not a resident of Indiana if the person performed services in
Indiana for not more than five (5) days in any one (1) month and
not more than fifteen (15) days in any one (1) calendar year and
the person is authorized to perform such services under the laws
of the state or country in which the person resides.
(4) A rabbi, priest, Christian Science practitioner, minister, or
other member of the clergy.
(5) An employee of or a volunteer for a nonprofit corporation or
an organization performing charitable, religious, or educational
functions, providing pastoral counseling or other assistance.
(6) A person who provides school counseling or a person who is
certified by a state or national organization that is recognized by
the Indiana division of mental health and addiction and who
provides counseling in the areas of alcohol or drug abuse
addictions.
(b) Nothing in this section prohibits a person referred to in
subsection (a) from qualifying for licensure under this article.
SOURCE: IC 25-23.6-4-2; (01)HB1813.2.101. -->
SECTION 101. IC 25-23.6-4-2, AS AMENDED BY P.L.244-1999,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2001]: Sec. 2. (a) This article may not be construed to limit
the social work or clinical social work services performed by a person
who does not use a title specified in this article and who is one (1) of
the following:
(1) A licensed or certified health care professional acting within
the scope of the person's license or certificate.
(2) A student, an intern, or a trainee pursuing a course of study in
medicine, psychology, or a course of study to gain licensure under
this article in an accredited institution of higher education or
training institution accredited by the Council on Social Work
Education, or a graduate accumulating experience required for
licensure if:
(A) the services are performed under qualified supervision and
constitute a part of the person's supervised course of study or
other level of supervision; and
(B) the student or graduate uses a title that contains the term
"intern", "student", or "trainee".
(3) Not a resident of Indiana if the person performed social work
in Indiana for not more than five (5) days in any one (1) month or
more than fifteen (15) days in any one (1) calendar year and the
person is authorized to perform such services under the laws of
the state or country in which the person resides.
(4) A rabbi, priest, Christian Science practitioner, minister, or
other member of the clergy.
(5) An employee or a volunteer for an organization performing
charitable, religious, or educational functions, providing pastoral
counseling, or other assistance.
(6) A person who provides school counseling or a person who is
certified by a state or national organization that is recognized by
the Indiana division of mental health and addiction and who
provides counseling in the areas of alcohol or drug abuse
addictions.
(7) A governmental employee who remains in the same job
classification or job family of that job classification.
(b) Nothing in this section prohibits a person referred to in
subsection (a) from qualifying for licensure under this article.
SOURCE: IC 25-23.6-4-3; (01)HB1813.2.102. -->
SECTION 102. IC 25-23.6-4-3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 3. A person who is not
licensed under this article may use the title "social service designee" if
the person:
(1) provides or assures provision of social services in:
(A) a health facility licensed under IC 16-28;
(B) a hospital licensed under IC 16-21 or IC 12-25;
(C) a substance abuse facility certified by the division of
mental health and addiction;
(D) a home health agency licensed under IC 16-27-1; or
(E) a community health center; and
(2) does not profess to be:
(A) a licensed social worker; or
(B) licensed under this article.
SOURCE: IC 25-23.6-4.5-2; (01)HB1813.2.103. -->
SECTION 103. IC 25-23.6-4.5-2, AS AMENDED BY
P.L.244-1999, SECTION 3, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2001]: Sec. 2. (a) This article may not be
construed to limit the mental health counseling services performed by
a person who does not use a title specified in this article and who is one
(1) of the following:
(1) A licensed or certified health care professional acting within
the scope of the person's license or certificate.
(2) A student, an intern, or a trainee pursuing a course of study in
medicine, psychology, or a course of study to gain licensure under
this article in an accredited institution of higher education or
training institution, or is a graduate accumulating experience
required for licensure if:
(A) the services are performed under qualified supervision and
constitute a part of the person's supervised course of study or
other level of supervision; and
(B) the student or graduate uses a title that contains the term
"intern" or "trainee".
(3) Not a resident of Indiana if the person performed the services
in Indiana for not more than five (5) days in any one (1) month or
fifteen (15) days within any one (1) calendar year and the person
is authorized to perform such services under the laws of the state
or country in which the person resides.
(4) A rabbi, priest, Christian Science practitioner, minister, or
other member of the clergy.
(5) An employee or a volunteer for an organization performing
charitable, religious, or educational functions, providing pastoral
counseling, or providing other assistance.
(6) A person who provides school counseling or a person who is
certified by a state or national organization that is recognized by
the Indiana division of mental health and addiction and who
provides counseling in the areas of alcohol or drug abuse
addictions.
(7) A governmental employee who remains in the same job
classification or job family of that job classification.
(b) Nothing in this section prohibits a person referred to in
subsection (a) from qualifying for licensure under this article.
SOURCE: IC 27-8-5-15.5; (01)HB1813.2.104. -->
SECTION 104. IC 27-8-5-15.5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 15.5. (a) As used in this
section:
"Alcohol abuse" has the meaning set forth in IC 12-7-2-10.
"Community mental health center" has the meaning set forth in
IC 12-7-2-38 and IC 12-7-2-39.
"Division of mental health
and addiction" refers to the division
created under IC 12-21-1-1.
"Drug abuse" has the meaning set forth in IC 12-7-2-72.
"Inpatient services" means services that require the beneficiary of
the services to remain overnight in the facility in which the services are
offered.
"Mental illness" has the meaning set forth in IC 12-7-2-130(1).
"Psychiatric hospital" has the meaning set forth in IC 12-7-2-151.
"State department of health" refers to the department established
under IC 16-19-1-1.
"Substance abuse" means drug abuse or alcohol abuse.
(b) An insurance policy that provides coverage for inpatient services
for the treatment of:
(1) mental illness;
(2) substance abuse; or
(3) both mental illness and substance abuse;
may not exclude coverage for inpatient services for the treatment of
mental illness or substance abuse that are provided by a community
mental health center or by any psychiatric hospital licensed by the state
department of health or the division of mental health and addiction to
offer those services.
SOURCE: IC 29-3-3-5; (01)HB1813.2.105. -->
SECTION 105. IC 29-3-3-5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 5. The chief of social
services (or a person designated by the chief of social services) at any
institution under the control of the division of mental health and
addiction or the division of disability, aging, and rehabilitative services
may execute the necessary documents to make applications on behalf
of a patient in the institution to receive public assistance or to transfer
the patient to an alternate care facility without the appointment of a
guardian or other order of court.
SOURCE: IC 31-38-2-10; (01)HB1813.2.106. -->
SECTION 106. IC 31-38-2-10 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 10. The division of
family and children shall:
(1) provide information to:
(A) each referring agency;
(B) the division of mental health and addiction; and
(C) the department of education;
concerning their duties and responsibilities under this chapter;
(2) organize local, regional, or statewide meetings necessary to
prepare referring and member agencies for participation on a local
coordinating committee;
(3) develop guidelines for local coordinating committees
concerning the form and content of reports submitted to the
division of family and children under this chapter;
(4) monitor and evaluate the performance of local coordinating
committees; and
(5) make recommendations to the general assembly concerning
the need for and availability of services for children in Indiana.
SOURCE: IC 34-30-2-47.3; (01)HB1813.2.107. -->
SECTION 107. IC 34-30-2-47.3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 47.3. IC 12-23-12-2
(Concerning the division of mental health and addiction or its agents
for exercise of discretion regarding notification or consent when a
minor seeks voluntary addiction treatment).
SOURCE: IC 35-36-2-5; (01)HB1813.2.108. -->
SECTION 108. IC 35-36-2-5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 5. (a) Except as
provided by subsection (e), whenever a defendant is found guilty but
mentally ill at the time of the crime or enters a plea to that effect that
is accepted by the court, the court shall sentence the defendant in the
same manner as a defendant found guilty of the offense.
(b) Before sentencing the defendant under subsection (a), the court
shall require the defendant to be evaluated by a physician licensed
under IC 25-22.5 who practices psychiatric medicine, a licensed
psychologist, or a community mental health center (as defined in
IC 12-7-2-38). However, the court may waive this requirement if the
defendant was evaluated by a physician licensed under IC 25-22.5 who
practices psychiatric medicine, a licensed psychologist, or a community
mental health center and the evaluation is contained in the record of the
defendant's trial or plea agreement hearing.
(c) If a defendant who is found guilty but mentally ill at the time of
the crime is committed to the department of correction, the defendant
shall be further evaluated and then treated in such a manner as is
psychiatrically indicated for the defendant's mental illness. Treatment
may be provided by:
(1) the department of correction; or
(2) the division of mental health and addiction after transfer
under IC 11-10-4.
(d) If a defendant who is found guilty but mentally ill at the time of
the crime is placed on probation, the court may, in accordance with
IC 35-38-2-2.3, require that the defendant undergo treatment.
(e) As used in this subsection, "mentally retarded individual" has the
meaning set forth in IC 35-36-9-2. If a court determines under
IC 35-36-9 that a defendant who is charged with a murder for which
the state seeks a death sentence is a mentally retarded individual, the
court shall sentence the defendant under IC 35-50-2-3(a).
SOURCE: IC 35-36-3-1; (01)HB1813.2.109. -->
SECTION 109. IC 35-36-3-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 1. (a) If at any time
before the final submission of any criminal case to the court or the jury
trying the case, the court has reasonable grounds for believing that the
defendant lacks the ability to understand the proceedings and assist in
the preparation of his defense, the court shall immediately fix a time for
a hearing to determine whether the defendant has that ability. The court
shall appoint two (2) or three (3) competent, disinterested psychiatrists,
psychologists endorsed by the Indiana state board of examiners in
psychology as health service providers in psychology, or physicians, at
least one (1) of whom must be a psychiatrist, who shall examine the
defendant and testify at the hearing as to whether the defendant can
understand the proceedings and assist in the preparation of the
defendant's defense.
(b) At the hearing, other evidence relevant to whether the defendant
has the ability to understand the proceedings and assist in the
preparation of the defendant's defense may be introduced. If the court
finds that the defendant has the ability to understand the proceedings
and assist in the preparation of the defendant's defense, the trial shall
proceed. If the court finds that the defendant lacks this ability, it shall
delay or continue the trial and order the defendant committed to the
division of mental health and addiction, to be confined by the division
in an appropriate psychiatric institution.
SOURCE: IC 35-36-3-2; (01)HB1813.2.110. -->
SECTION 110. IC 35-36-3-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 2. Whenever the
defendant attains the ability to understand the proceedings and assist
in the preparation of the defendant's defense, the division of mental
health and addiction, through the superintendent of the appropriate
psychiatric institution, shall certify that fact to the proper court, which
shall enter an order directing the sheriff to return the defendant. The
court may enter such an order immediately after being sufficiently
advised of the defendant's attainment of the ability to understand the
proceedings and assist in the preparation of the defendant's defense.
Upon the return to court of any defendant committed under section 1
of this chapter, the court shall hold the trial as if no delay or
postponement had occurred.
SOURCE: IC 35-36-3-3; (01)HB1813.2.111. -->
SECTION 111. IC 35-36-3-3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 3. Within ninety (90)
days after a defendant's admittance to a psychiatric institution, the
superintendent of the psychiatric institution shall certify to the proper
court whether the defendant has a substantial probability of attaining
the ability to understand the proceedings and assist in the preparation
of the defendant's defense within the foreseeable future. If a substantial
probability does not exist, the division of mental health and addiction
shall initiate regular commitment proceedings under IC 12-26. If a
substantial probability does exist, the division of mental health and
addiction shall retain the defendant:
(1) until the defendant attains the ability to understand the
proceedings and assist in the preparation of the defendant's
defense and is returned to the proper court for trial; or
(2) for six (6) months from the date of the defendant's admittance;
whichever first occurs.
SOURCE: IC 35-36-3-4; (01)HB1813.2.112. -->
SECTION 112. IC 35-36-3-4 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 4. If a defendant who
was found under section 3 of this chapter to have had a substantial
probability of attaining the ability to understand the proceedings and
assist in the preparation of the defendant's defense has not attained that
ability within six (6) months after the date of the defendant's
admittance to a psychiatric institution, the division of mental health
and addiction shall institute regular commitment proceedings under
IC 12-26.
SOURCE: ; (01)HB1813.2.113. -->
SECTION 113. [EFFECTIVE JULY 1, 2001] (a) After June 30,
2001, a reference to the division of mental health in any statute or
rule is considered a reference to the division of mental health and
addiction.
(b) After June 30, 2001, all property, assets, and liabilities of the
division of mental health are property, assets, and liabilities of the
division of mental health and addiction.
SOURCE: ; (01)HB1813.2.114. -->
SECTION 114. [EFFECTIVE UPON PASSAGE] (a) This
SECTION does not affect the distribution of county funds to a
managed care provider or community mental health center located
in a county having a population of more than seven hundred
thousand (700,000).
(b) The division of mental health may not enter into a contract:
(1) before July 1, 2003; and
(2) for the provision of services;
with a new managed care provider or community mental health
center that is not providing service as of the effective date of this
SECTION.
(c) The division of mental health shall adopt standards required
under IC 12-21-2-3(14), as amended by this act, before July 1,
2003.
(d) Notwithstanding subsection (b), the division of mental health
may enter into a contract for the provision of managed care or
other services with a community mental health center that was
certified by the division of mental health after December 31, 1999,
but before July 1, 2001.
(e) This SECTION expires July 1, 2003.
SOURCE: ; (01)HB1813.2.115. -->
SECTION 115.
An emergency is declared for this act.