CHAPTER 2. COMMUNITY RESIDENTIAL PROGRAMS
IC 12-22-2
Chapter 2. Community Residential Programs
IC 12-22-2-1
Planning and administration of programs
Sec. 1. The division shall plan, develop, and administer programsof community based residential alternatives to placement in stateinstitutions and nursing facilities licensed under IC 16-28 forindividuals with a mental illness.
As added by P.L.2-1992, SEC.16. Amended by P.L.78-1992, SEC.25;P.L.2-1993, SEC.113; P.L.99-2007, SEC.109.
IC 12-22-2-2
Simulation of homelike atmosphere
Sec. 2. The programs described in section 1 of this chapter must,to the extent feasible, simulate a homelike atmosphere with patternsand conditions of everyday life that are as close as possible tonormal.
As added by P.L.2-1992, SEC.16.
IC 12-22-2-3
Contents of program; program setting
Sec. 3. The programs consist of the following, which are listed inthe order of the most restrictive setting to the least restrictive setting:
(1) Sub-acute stabilization programs that serve at least four (4)individuals and not more than fifteen (15) individuals, and if theprogram serves individuals with a mental illness to providesub-acute stabilization services to individuals on a short termbasis. However, the director may waive the limitation for asub-acute stabilization program.
(2) Supervised group living programs, which serve at least four(4) individuals and not more than fifteen (15) individuals, if theprogram serves individuals with a mental illness. However, thedirector may waive the limitation for a supervised group livingprogram that:
(A) was in existence on June 30, 1985; or
(B) after June 30, 1985, provides long term care toindividuals with a mental illness.
The program and the individuals served by the program shall beclosely supervised by trained individuals.
(3) Alternative family programs, which serve not more than six(6) individuals who reside with an unrelated householder. Thehouseholder must be instructed on the needs of individuals inthe program.
(4) Semi-independent living programs, which serve not morethan six (6) individuals who require only limited supervision.The supervision must be on a regular basis and take intoaccount emergency needs of the individuals in the program.
(5) Independent living support services for individuals residingindependently with the individuals' families or with relatives.
The services are temporary or provided intermittently.
(6) Supported living service arrangements to meet the uniqueneeds of individuals in integrated settings.
As added by P.L.2-1992, SEC.16. Amended by P.L.78-1992, SEC.26;P.L.62-1993, SEC.5; P.L.6-1995, SEC.12; P.L.99-2007, SEC.110.
IC 12-22-2-4
Evaluation before program placement; emergency placement
Sec. 4. (a) Except as provided in subsection (b), an individual maynot be placed in a program described in section 3(1), 3(2), or 3(3) ofthis chapter until after an evaluation approved by the divisionindicates the following:
(1) Placement in a particular program of services is appropriate.
(2) Treatment and crisis intervention services needed by anindividual with a mental illness are available.
(b) Emergency placements of not more than sixty (60) days maybe made without an evaluation.
As added by P.L.2-1992, SEC.16. Amended by P.L.99-2007,SEC.111.
IC 12-22-2-5
Least restrictive placement
Sec. 5. To the extent that programs described in section 3 of thischapter are available and meet an individual's needs, an individualshould be placed in a program that is the least restrictive.
As added by P.L.2-1992, SEC.16.
IC 12-22-2-6
Continuation of placement in child caring institution
Sec. 6. The division may continue the placement of an individualwith a mental illness in a child caring institution licensed underIC 31-27, a county home regulated by IC 12-30-3, or a health facilitylicensed under IC 16-28 if:
(1) the individual was placed in the institution, home, or facilitybefore July 1, 1985; and
(2) the placement continues to be appropriate for the individual,as determined by the division.
As added by P.L.2-1992, SEC.16. Amended by P.L.81-1992, SEC.32;P.L.2-1993, SEC.114; P.L.145-2006, SEC.123; P.L.99-2007,SEC.112.
IC 12-22-2-7
Contracts to provide programs
Sec. 7. The division may contract with any of the following toprovide the programs described in section 3 of this chapter:
(1) Community mental health centers.
(2) Corporations.
(3) Individuals.
(4) Managed care providers.
As added by P.L.2-1992, SEC.16. Amended by P.L.6-1995, SEC.13.
IC 12-22-2-8
Individuals discharged from state institutions or placed onoutpatient status; placement preference
Sec. 8. (a) If the superintendent of a state institution requests, thedivision shall determine if an individual who is being dischargedfrom the state institution or placed on outpatient status by the stateinstitution should be given preference for placement in a communityresidential program described in section 3 of this chapter.
(b) A determination of the division under subsection (a) is bindingupon an individual who enters into a contract under section 7 of thischapter.
As added by P.L.2-1992, SEC.16.
IC 12-22-2-9
Liability for cost of services; rules
Sec. 9. (a) Except as specified by the terms of the Medicaidprogram:
(1) an individual who receives services under this chapter; and
(2) the parents of the individual if the individual is less thaneighteen (18) years of age;
are liable for the cost for the services.
(b) The cost shall be established under rules adopted by thedirector under IC 4-22-2.
As added by P.L.2-1992, SEC.16.
IC 12-22-2-10
Medicaid eligibility; transferees to programs
Sec. 10. An individual who:
(1) has a mental illness; and
(2) is eligible under the Medicaid program;
remains eligible for Medicaid if transferred to a communityresidential program described in section 3(1), 3(2), 3(3), or 3(4) ofthis chapter.
As added by P.L.2-1992, SEC.16. Amended by P.L.62-1993, SEC.6;P.L.99-2007, SEC.113.
IC 12-22-2-11
Operation by unlicensed entity; investigations; penalties
Sec. 11. (a) An entity may not:
(1) operate a program described in IC 12-22-3; or
(2) hold itself out as operating;
(A) a program described in IC 12-22-3; or
(B) a group home for individuals with a mental illness;
unless the entity is licensed or certified by the division of mentalhealth and addiction.
(b) The division of mental health and addiction shall investigatea report of:
(1) an unlicensed facility housing a community residentialprogram described in section 3(1), 3(2), and 3(3) of thischapter; (2) an uncertified operator of a community residential programdescribed in section 3(1), 3(2), and 3(3) of this chapter; or
(3) a licensed or certified entity's noncompliance with thisarticle;
and report the division's findings to the attorney general.
(c) The attorney general may do the following:
(1) Seek the issuance of a search warrant to assist in aninvestigation under this section.
(2) File an action for injunctive relief to stop the operation of afacility described in subsection (b) if there is reasonable causeto believe that:
(A) the facility or the operator of a community residentialprogram described in subsection (b) is operating without arequired license or certification; or
(B) a licensed or certified entity's actions or omissionscreate an immediate danger of serious bodily injury to anindividual with a mental illness or an imminent danger to thehealth of an individual with a mental illness.
(3) Seek in a civil action a civil penalty of not more than onehundred dollars ($100) a day for each day a facility is operating:
(A) without a license or certification required by law; or
(B) with a license or certification required under thischapter, but is not in compliance with this article,IC 12-21-2-3, or rules adopted under this article orIC 12-21-2-3.
(d) The division of mental health and addiction may provide forthe removal of individuals with a mental illness from facilities forindividuals with a mental illness described in subsection (c).
(e) There must be an opportunity for an informal meeting with thedivision of mental health and addiction after injunctive relief isordered under this section.
(f) The civil penalties collected under this section must bedeposited in the mental health centers fund (IC 6-7-1-32.1).
As added by P.L.111-1997, SEC.4. Amended by P.L.215-2001,SEC.61; P.L.99-2007, SEC.114.