This text of Indiana § 12-21-5-1.5 (Duties; rules) is published on Counsel Stack Legal Research, covering Indiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
5.
(a)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:
(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.
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5. (a) 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.
(8) Ensure that providers of services of residential care and
supported housing for chronic addiction, when used as a recovery
residence that receives reimbursement from the office, acquire
and maintain the certification required in IC 12-21-2-3(14).
(9) Establish and maintain a help line:
(A) to provide confidential emotional support and referrals to
behavioral health resources to individuals who call the help
line; and
(B) that is accessible by calling a toll free telephone number.
(10) In consultation with the medical licensing board, a forensic
psychiatrist, and a forensic psychologist holding a doctorate,
establish a training program to certify:
(A) an advanced practice registered nurse with a certification
as a psychiatric mental health nurse practitioner; or
(B) a physician assistant who specializes in psychiatry or
mental health;
as a competency evaluator who may assist a criminal or juvenile
court in determining competency to stand trial or appear at a
juvenile adjudication. The training program must consist of at
least forty (40) hours of instruction. The division may adopt rules
under IC 4-22-2 to implement this subdivision.
(b) The division may adopt rules under IC 4-22-2 to establish
standards for residential care and supported housing for chronic
addiction when used as a recovery residence.