Indiana § 12-23-19-2 Eligibility; use of grants and vouchers; determination on
reimbursement

Indiana Statutes

§ 12-23-19-2 — Eligibility; use of grants and vouchers; determination on reimbursement

Indiana·Art. 23 ADDICTION SERVICES·Ch. 19 Mental Health and Addiction Forensic Treatment

(a)An individual is eligible for mental health and addiction forensic treatment services if:

(1)subject to subsection (d), the individual:

(A)is a member of a household with an annual income that does not exceed two hundred percent (200%) of the federal income poverty level;

(B)is a resident of Indiana;

(C)is:

(i)at least eighteen (18) years of age; or

(ii)subject to the approval of the Indiana commission to combat substance use disorder, less than eighteen (18) years of age and the individual is a defendant whose case is either waived from juvenile court to adult court or directly filed in adult court; and

(D)has entered the criminal justice system as a felon or with a prior felony conviction or is ordered to be committed for competency restoration services as described in IC 35-3

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(a) An individual is eligible for mental health
and addiction forensic treatment services if:
(1) subject to subsection (d), the individual:
(A) is a member of a household with an annual income that
does not exceed two hundred percent (200%) of the federal
income poverty level;
(B) is a resident of Indiana;
(C) is:
(i) at least eighteen (18) years of age; or
(ii) subject to the approval of the Indiana commission to
combat substance use disorder, less than eighteen (18) years
of age and the individual is a defendant whose case is either
waived from juvenile court to adult court or directly filed in
adult court; and
(D) has entered the criminal justice system as a felon or with a
prior felony conviction or is ordered to be committed for
competency restoration services as described in IC 35-36-3-1(f); and
(2) subject to subsection (b), reimbursement for the service is not
available to the individual through any of the following:
(A) A policy of accident and sickness insurance (IC 27-8-5).
(B) A health maintenance organization contract (IC 27-13).
(C) The Medicaid program (IC 12-15), excluding the Medicaid
rehabilitation program and the Behavioral and Primary Health
Coordination Program under Section 1915(i) of the Social
Security Act.
(D) The federal Medicare program or any other federal
assistance program.
(b) If an individual is not entitled to reimbursement from the sources
described in subsection (a)(2) of the full amount of the cost of the
mental health and addiction forensic treatment services, grants and
vouchers under this chapter may be used to provide those services to
the extent that the costs of those services exceed the reimbursement the
individual is entitled to receive from the sources described in
subsection (a)(2), excluding any copayment or deductible that the
individual is required to pay.
(c) The division shall determine the extent to which an individual
who is provided mental health and addiction forensic treatment
services under this chapter is entitled to receive reimbursement from
the sources described in subsection (a)(2).
(d) Notwithstanding subsection (a)(1)(D), subject to available
funding and on the recommendation of the justice reinvestment
advisory council (established by IC 33-38-9.5-2), the division may
operate a pilot program applying the eligibility criteria in this section
to individuals who are charged with a misdemeanor. If the division
operates a pilot program under this subsection, the division shall issue
annual reports to the justice reinvestment advisory council.

Indiana § 12-23-19-2 (Eligibility; use of grants and vouchers; determination on reimbursement) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Legislative History

As added by P.L.179-2015, SEC.10; P.L.209-2015, SEC.16. Amended by P.L.243-2017, SEC.4; P.L.65-2018, SEC.5; P.L.57-2021, SEC.3; P.L.114-2022, SEC.21; P.L.85-2024, SEC.2.