§ 12-29-2-15 — Member of county fiscal body or county board of commissioners as a member of the board

(a) A community mental health center that:
(1) is certified by the division of mental health and addiction; and
(2) is not administered by a hospital licensed under IC 16-21-2;
shall include a member of a county fiscal body or a member of a board
of county commissioners (or the designee of the member of the board
of county commissioners) on the center's governing board. The member
shall be selected by the board of county commissioners of the county
where the community mental health center maintains its corporate
mailing address. The member of the county fiscal body or board of
county commissioners selected under this subsection (or the designee
of a member of the board of county commissioners selected under this
subsection) must reside in one (1) of the counties in the community
mental health center's primary service area. In addition to the county
where the center maintains its corporate mailing address, the other
counties that are located in the center's primary service area may opt-in
under subsection (c) to select a member to serve on the center's
governing board.
(b) A community mental health center that:
(1) is certified by the division of mental health and addiction; and
(2) is administered by a hospital licensed under IC 16-21-2;
shall include a member of a county fiscal body or a member of a board
of county commissioners (or the designee of the member of the board
of county commissioners) on the center's advisory board. The member
shall be selected by the board of county commissioners of the county
where the community mental health center maintains its corporate
mailing address. The member of the county fiscal body or board of
county commissioners selected under this subsection (or the designee
of a member of the board of county commissioners selected under this
subsection) must reside in one (1) of the counties in the community
mental health center's primary service area. In addition to the county
where the center maintains its corporate mailing address, the other
counties that are located in the center's primary service area may opt-in
under subsection (c) to select a member to serve on the center's
advisory board.
(c) Subject to subsections (d), (e), and (f), each county that is
located in a community mental health center's primary service area
(other than the county where the center maintains its corporate mailing
address) may opt-in under this subsection to select a member of the
county fiscal body or a member of a board of county commissioners (or
the designee of the member of the board of county commissioners) to
serve on the center's governing or advisory board, whichever is
applicable. In order to opt-in under this subsection, the board of county
commissioners of the county must adopt an ordinance by majority vote
to do so. The following apply if one (1) or more counties opt-in to
select a member under this subsection to serve on the governing or
advisory board of a community mental health center under subsection
(a) or (b):
(1) The community mental health center's governing or advisory
board shall include one (1) member from each county that opts-in
under this subsection and is selected as set forth in this
subsection, subject to subsections (d), (e), and (f).
(2) The members selected to serve under subdivision (1) shall
serve a three (3) year term. At the conclusion of an initial
member's term, the selecting county, after voting again by
majority vote to opt-in under this subsection, shall select a
member as set forth in this subsection to serve a subsequent three
(3) year term.
(3) A county may, at any time, opt-in under this subsection to
select a member to serve on a center's governing or advisory
board. When a county adopts an ordinance to opt-in under this
subsection, that county shall be placed on an alphabetical rotation
of service for purposes of subsection (f).
(d) Not withstanding any other provision of this section, in the event
the United States Health Resources and Services Administration or
another federal agency determines that board selections under this
section would result in a reduction in federal funds for the community
mental health center or its affiliated federal qualified health center or
negatively impact eligibility of the community mental health center or
affiliated federal qualified health center to receive any federal funds,
the community mental health center shall provide documentation to the
division of mental health and addiction and the county commissioners
in each county served by the center that documents the determination
by the United States Health Resources and Services Administration or
another federal agency that federal funds will be reduced or eligibility
to receive federal funds would be negatively impacted due to the board
selection as provided in this section.
(e) If a determination under subsection (d) is made, the number of
seats on the center's governing or advisory board filled under this
section shall be reduced by the community mental health center, in
coordination with the county commissioners of the counties served by
the community mental health center, by only the amount necessary to
achieve compliance with federal regulations.
(f) The number of members selected to serve on a community
mental health center's governing or advisory board under this section
may not exceed three (3) members as follows:
(1) One (1) member appointed by the county where the
community mental health center maintains its corporate mailing
address under subsection (a) or (b), whichever is applicable.
(2) Not more than two (2) additional members appointed by
counties that have opted-in under subsection (c) to select a
member to serve, but subject to subsection (e).
If initially more than two (2) counties adopt ordinances under
subsection (c) to opt-in to select a member to serve, all of the counties
shall be placed in alphabetical order and the first two (2) counties
appearing in that order shall be authorized under subsection (c) to
opt-in and select a member to serve. The remaining county or counties
shall not select a member to serve as set forth in subsection (c) unless
and until a county that was initially or is currently authorized under
subsection (c) to opt-in chooses to no longer do so, in which case all of
the counties that have adopted an ordinance but are not authorized to
select a member to serve under this subsection shall be placed in
alphabetical order and the first county appearing in that order shall be
authorized under subsection (c) to opt-in and select a member to serve.

Legislative History

As added by P.L.79-2002, SEC.4. Amended by P.L.123-2008, SEC.4; P.L.76-2018, SEC.9; P.L.236-2023, SEC.126.