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IC 12-21-5-1
Administration of related laws
Sec. 1. The division is responsible for administering the
following:
(1) This article.
(2) IC 12-22.
(3) IC 12-23.
(4) IC 12-25.
(5) Other programs the division is required to administer by
statute.
(6) State institutions listed in IC 12-24-1-3.
As added by P.L.2-1992, SEC.15. Amended by P.L.40-1994, SEC.32.
IC 12-21-5-1.5
IC 12-21-5-2
Mental health and addiction services
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 providers to provide services 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 provider. 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 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.
As added by P.L.40-1994, SEC.33. Amended by P.L.215-2001,
SEC.60; P.L.28-2004, SEC.112; P.L.143-2011, SEC.17.
Education and treatment of children with an emotional
disturbance
Sec. 2. The division is responsible for the following:
(1) The planning, research, and development of programs and
methods for the education and treatment of children with an
emotional disturbance.
(2) The coordination of governmental services, activities, and
programs in Indiana relating to such children.
(3) The administration of the state supported services concerned
with such children.
(4) The preparation of the annual report required by
IC 7.1-6-2-5.
(5) The provision of information and guidance to local school
corporations on the development of evidence based programs
for basic or inservice courses for teachers and training for
teachers on the following:
(A) Prevention of child suicide.
(B) Recognition of signs that a student may be considering
suicide.
As added by P.L.2-1992, SEC.15. Amended by P.L.256-1996, SEC.3;
P.L.99-2007, SEC.103; P.L.93-2011, SEC.1.
Special education; programs for children with disabilities
Sec. 3. IC 20-35-2 applies to the operation of each education
program for children with disabilities (as defined in IC 20-35-1-2)
conducted by a state owned and operated mental health institution or
furnished under an agreement with the division.
As added by P.L.2-1992, SEC.15. Amended by P.L.23-1993, SEC.55;
P.L.1-2005, SEC.139.