|
|
|
IC 12-22-2-0.3
Termination of unsuccessful sub-acute stabilization programs;
expansion or change of location of program must be approved by
general assembly
Sec. 0.3. If the division determines that any one (1) of the four (4)
sub-acute stabilization programs implemented under IC 12-22-2-3(1),
as added by P.L.62-1993, is not successful, the division shall
terminate operation of the unsuccessful program. The division may
not expand the number of sub-acute stabilization programs or change
the location of a program without approval from the general
assembly.
As added by P.L.220-2011, SEC.273.
IC 12-22-2-1
Planning and administration of programs
Sec. 1. The division shall plan, develop, and administer programs
of community based residential alternatives to placement in state
institutions and nursing facilities licensed under IC 16-28 for
individuals with a mental illness.
As added by P.L.2-1992, SEC.16. Amended by P.L.78-1992, SEC.25;
P.L.2-1993, SEC.113; P.L.99-2007, SEC.109.
IC 12-22-2-2
Simulation of homelike atmosphere
Sec. 2. The programs described in section 1 of this chapter must,
to the extent feasible, simulate a homelike atmosphere with patterns
and conditions of everyday life that are as close as possible to
normal.
As added by P.L.2-1992, SEC.16.
IC 12-22-2-3
Repealed
(Repealed by P.L.143-2011, SEC.31.)
IC 12-22-2-3.5
Community based residential programs
Sec. 3.5. Community based residential programs include a broad
range of living arrangements designed to meet the unique needs of
individuals with behavioral health disorders in integrated settings and
described in rules adopted by the division under IC 4-22-2.
As added by P.L.143-2011, SEC.24.
IC 12-22-2-4
Repealed
(Repealed by P.L.143-2011, SEC.31.)
IC 12-22-2-5
IC 12-22-2-6
Repealed
(Repealed by P.L.143-2011, SEC.31.)
IC 12-22-2-7
Repealed
(Repealed by P.L.143-2011, SEC.31.)
IC 12-22-2-8
Repealed
(Repealed by P.L.143-2011, SEC.31.)
IC 12-22-2-9
Repealed
(Repealed by P.L.143-2011, SEC.31.)
IC 12-22-2-10
Repealed
(Repealed by P.L.143-2011, SEC.31.)
IC 12-22-2-11
Operation by unlicensed entity; investigations; penalties
Sec. 11. (a) An entity, other than a psychiatric residential
treatment facility, may not operate or hold itself out as operating a
group home for individuals with serious mental illness (SMI), serious
emotional disturbance (SED), or chronic addiction (CA) unless the
entity is licensed or certified by the division.
(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 3.5 of this chapter;
(2) an uncertified operator of a community residential program
described in section 3.5 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 of a 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 an
individual with a mental illness or an imminent danger to the
health of an individual with a mental illness.
(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 individuals with a mental illness from facilities for
individuals with a mental illness 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).
As added by P.L.111-1997, SEC.4. Amended by P.L.215-2001,
SEC.61; P.L.99-2007, SEC.114; P.L.143-2011, SEC.26.