CHAPTER 12. MONITORING OF PATIENTS DISCHARGED FROM STATE INSTITUTIONS AND THE USE OF COMMUNITY RESIDENTIAL PROGRAMS
IC 12-24-12
Chapter 12. Monitoring of Patients Discharged From StateInstitutions and the Use of Community Residential Programs
IC 12-24-12-1
"Division" defined
Sec. 1. As used in this chapter, "division" refers only to thedivision of mental health and addiction.
As added by P.L.2-1992, SEC.18. Amended by P.L.215-2001,SEC.68.
IC 12-24-12-2
Community based monitoring system
Sec. 2. The division shall contract with managed care providersto administer a system of community based gatekeepers to monitoreach individual from the time the individual has been involuntarilycommitted to a state institution administered by the division until theindividual is discharged from the commitment.
As added by P.L.2-1992, SEC.18. Amended by P.L.62-1993, SEC.7;P.L.40-1994, SEC.49; P.L.6-1995, SEC.15.
IC 12-24-12-3
Plan of discharge or placement on outpatient status of patient;copies; duties regarding treatment or residence
Sec. 3. (a) Before an individual described in section 2 of thischapter is discharged or placed on outpatient status under IC 12-26,a discharge plan shall be formulated in consultation with the patient'sdesignated case manager. The superintendent shall provide copies ofthe individual's plan of discharge or placement to a communitymental health center or a managed care provider serving the area inwhich the individual will reside. The plan must include thefollowing:
(1) A copy of the papers authorizing the discharge orplacement.
(2) An assessment of the individual's mental health.
(3) The superintendent's recommendations concerning thefollow-up treatment services and the specific residentialplacement that the individual should receive after the individualis discharged or placed.
(4) If the individual has been placed on outpatient status, adescription of the conditions relating to the individual'splacement.
(b) If the plan provided to the managed care provider orcommunity mental health center under subsection (a) recommendsor requires that an individual receive treatment from anothertreatment provider, the managed care provider or community mentalhealth center shall document the following:
(1) Whether the initial contact with the treatment provideroccurred.
(2) Whether treatment was rendered according to the
recommendations in the individual's plan.
(3) What changes, if any, were made in the individual's plan bythe treatment provider.
(c) If the plan provided to the managed care provider undersubsection (a) recommends or requires that an individual reside at alocation designated by the superintendent in the plan, the casemanager shall monitor whether the individual is residing at thelocation.
As added by P.L.2-1992, SEC.18. Amended by P.L.40-1994, SEC.50.
IC 12-24-12-4
Problems observed concerning continuity of care; duties ofmanaged care provider; report
Sec. 4. (a) If a managed care provider is aware of problems withcontinuity of care for a discharged or placed individual, the managedcare provider shall contact:
(1) the discharged or placed individual;
(2) the treatment provider;
(3) the residential provider; or
(4) the state institution from which the individual has beendischarged or placed;
and attempt to resolve any problems.
(b) If the treatment or residential problems continue and aresignificant, the managed care provider shall report these findings tothe director.
As added by P.L.2-1992, SEC.18. Amended by P.L.40-1994, SEC.51.
IC 12-24-12-5
Repealed
(Repealed by P.L.40-1994, SEC.83.)
IC 12-24-12-6
Application of IC 12-24-12-3 and IC 12-24-12-5
Sec. 6. Sections 3 through 4 of this chapter do not require anindividual who has been discharged from a state institution tocomply with the plan developed for the individual under section 3 ofthis chapter or to cooperate with a case manager in the performanceof the case manager's duties under sections 3 through 4 of thischapter.
As added by P.L.2-1992, SEC.18. Amended by P.L.40-1994, SEC.52.
IC 12-24-12-7
Repealed
(Repealed by P.L.40-1994, SEC.83.)
IC 12-24-12-8
Repealed
(Repealed by P.L.40-1994, SEC.83.)
IC 12-24-12-9
Duties of gatekeeper
Sec. 9. The gatekeeper for an individual who has been committedto a state institution administered by the division has the followingduties:
(1) To provide case management to the individual in both thestate institution and the community.
(2) To facilitate and plan the committed individual's transitionfrom the state institution to the community or to anotherappropriate placement.
As added by P.L.6-1995, SEC.16.
IC 12-24-12-10
Gatekeeper for individual in state institution; division asgatekeeper
Sec. 10. (a) Upon admission to a state institution administered bythe division of mental health and addiction, the gatekeeper is one (1)of the following:
(1) For an individual with a psychiatric disorder, the communitymental health center that submitted the report to the committingcourt under IC 12-26.
(2) For an individual with a developmental disability, a divisionof disability and rehabilitative services service coordinatorunder IC 12-11-2.1.
(3) For an individual entering an addictions program, anaddictions treatment provider that is certified by the division ofmental health and addiction.
(b) The division is the gatekeeper for the following:
(1) An individual who is found to have insufficientcomprehension to stand trial under IC 35-36-3.
(2) An individual who is found to be not guilty by reason ofinsanity under IC 35-36-2-4 and is subject to a civilcommitment under IC 12-26.
(3) An individual who is immediately subject to a civilcommitment upon the individual's release from incarceration ina facility administered by the department of correction or theFederal Bureau of Prisons, or upon being charged with orconvicted of a forcible felony under IC 35-41-1.
(4) An individual placed under the supervision of the divisionfor addictions treatment under IC 12-23-7 and IC 12-23-8.
(5) An individual transferred from the department of correctionunder IC 11-10-4.
As added by P.L.6-1995, SEC.17. Amended by P.L.24-1997, SEC.56;P.L.272-1999, SEC.46; P.L.215-2001, SEC.69; P.L.141-2006,SEC.66.
IC 12-24-12-11
Assignment of gatekeeper; time; duration; transferability
Sec. 11. (a) A gatekeeper must be assigned to an individual at thetime of the petition for commitment under IC 12-26-6 and
IC 12-26-7.
(b) Except as provided in subsection (c), the entity assigned as thecommitted individual's gatekeeper shall continue to serve as thatindividual's gatekeeper until the termination of the individual'scommitment.
(c) The assignment of the gatekeeper for an individual may betransferred to another gatekeeper if the transfer is in the best interestof the committed individual.
As added by P.L.6-1995, SEC.18.