CHAPTER 5. DUTIES OF DIVISION
IC 12-21-5
Chapter 5. Duties of Division
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
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 managed care providers to provide a continuum of
care 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 managed care provider and that may be used
to evaluate other providers of mental health services that access
state administered funds, including Medicaid, and other federal
funding. 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 managed care 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) Submit a biennial report to the governor and legislative
council that includes an evaluation of the continuum of care. A
report submitted under this subdivision to the legislative council
must be in an electronic format under IC 5-14-6.
(9) Conduct an actuarial analysis every four (4) years beginning
July 1, 2000.
(10) Annually determine sufficient rates to be paid for services
contracted with managed care providers who are awarded a
contract under IC 12-21-2-7.
(11) Take actions necessary to assure the quality of services
required by the continuum of care under this chapter.
(12) Incorporate the results from the actuarial analysis in
subdivision (9) to fulfill the responsibilities of this section.
As added by P.L.40-1994, SEC.33. Amended by P.L.215-2001,
SEC.60; P.L.28-2004, SEC.112.
IC 12-21-5-2
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.
As added by P.L.2-1992, SEC.15. Amended by P.L.256-1996, SEC.3;
P.L.99-2007, SEC.103.
IC 12-21-5-3
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.