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 thefollowing:
(1) This article.
(2) IC 12-22.
(3) IC 12-23.
(4) IC 12-25.
(5) Other programs the division is required to administer bystatute.
(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 maintaincriteria to determine patient eligibility and priority for publiclysupported mental health and addiction services. The rules mustinclude criteria for patient eligibility and priority based on thefollowing:
(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 anetwork of managed care providers to provide a continuum ofcare in an appropriate setting that is the least restrictive toindividuals who qualify for the services.
(3) Require the providers of services funded directly by thedivision to be in good standing with an appropriate accreditingbody as required by rules adopted under IC 4-22-2 by thedivision.
(4) Develop a provider profile that must be used to evaluate theperformance of a managed care provider and that may be usedto evaluate other providers of mental health services that accessstate administered funds, including Medicaid, and other federalfunding. A provider's profile must include input fromconsumers, citizens, and representatives of the mental healthombudsman program (IC 12-27-9) regarding the provider's:
(A) information provided to the patient on patient rightsbefore treatment;
(B) accessibility, acceptability, and continuity of servicesprovided or requested; and
(C) total cost of care per individual, using state administeredfunds.
(5) Ensure compliance with all other performance criteria setforth in a provider contract. In addition to the requirements set
forth in IC 12-21-2-7, a provider contract must include thefollowing:
(A) A requirement that the standards and criteria used in theevaluation of care plans be available and accessible to thepatient.
(B) A requirement that the provider involve the patient in thechoice of and preparation of the treatment plan to thegreatest extent feasible.
(C) A provision encouraging the provider to intervene in apatient's situation as early as possible, balancing the patient'sright to liberty with the need for treatment.
(D) A requirement that the provider set up and implement aninternal appeal process for the patient.
(6) Establish a toll free telephone number that operates duringnormal business hours for individuals to make comments to thedivision in a confidential manner regarding services or serviceproviders.
(7) Develop a confidential system to evaluate complaints andpatient appeals received by the division of mental health andaddiction and to take appropriate action regarding the results ofan investigation. A managed care provider is entitled to requestand to have a hearing before information derived from theinvestigation is incorporated into the provider's profile.Information contained within the provider profile is subject toinspection and copying under IC 5-14-3-3.
(8) Submit a biennial report to the governor and legislativecouncil that includes an evaluation of the continuum of care. Areport submitted under this subdivision to the legislative councilmust be in an electronic format under IC 5-14-6.
(9) Conduct an actuarial analysis every four (4) years beginningJuly 1, 2000.
(10) Annually determine sufficient rates to be paid for servicescontracted with managed care providers who are awarded acontract under IC 12-21-2-7.
(11) Take actions necessary to assure the quality of servicesrequired by the continuum of care under this chapter.
(12) Incorporate the results from the actuarial analysis insubdivision (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 emotionaldisturbance
Sec. 2. The division is responsible for the following:
(1) The planning, research, and development of programs andmethods for the education and treatment of children with anemotional disturbance.
(2) The coordination of governmental services, activities, andprograms in Indiana relating to such children. (3) The administration of the state supported services concernedwith such children.
(4) The preparation of the annual report required byIC 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 educationprogram for children with disabilities (as defined in IC 20-35-1-2)conducted by a state owned and operated mental health institution orfurnished 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.