CHAPTER 9. MENTAL HEALTH OMBUDSMAN PROGRAM
IC 12-27-9
Chapter 9. Mental Health Ombudsman Program
IC 12-27-9-1
Repealed
(Repealed by P.L.100-1998, SEC.1.)
IC 12-27-9-2
Confidentiality of information
Sec. 2. Except as provided under section 6 of this chapter, allinformation and records of the ombudsman under this chapter areconfidential and may not become public records or be subject to asubpoena or discovery proceedings.
As added by P.L.40-1994, SEC.62.
IC 12-27-9-3
Contract with nonprofit corporation for operation of program
Sec. 3. Within the limits of appropriated funds, the division ofmental health and addiction shall contract in writing with a nonprofitcorporation for the operation of the mental health ombudsmanprogram. The nonprofit corporation must:
(1) be qualified to receive tax deductible contributions underSection 170 of the Internal Revenue Code;
(2) have offices statewide; and
(3) have experience in mental health advocacy.
As added by P.L.40-1994, SEC.62. Amended by P.L.215-2001,SEC.75.
IC 12-27-9-4
Duties of program; records and reports
Sec. 4. (a) The mental health ombudsman program operated underthis chapter must do the following:
(1) Have at least one (1) full-time person to operate theprogram.
(2) Recruit and train volunteers to help carry out the duties ofthe program under this chapter.
(3) Mediate or advocate on behalf of mental health patients.
(4) At the request of a mental health patient, or upon receivinga complaint or other information affording reasonable groundsto believe that the rights of a mental health patient who is notcapable of requesting assistance have been adversely affected,gather information about, analyze, and review on behalf of themental health patient, the actions of an agency, a facility, or aprogram.
(5) At reasonable times in the course of conducting a review,enter and view premises within the control of an agency, afacility, or a program.
(b) The mental health ombudsman shall maintain records of allactivities on behalf of consumers and report all findings to thedivision on a quarterly basis.As added by P.L.40-1994, SEC.62.
IC 12-27-9-5
Complaints; recommendations
Sec. 5. (a) The ombudsman may receive a complaint from thedivision of mental health and addiction's toll free number (IC12-21-5-1.5) or any source concerning an action by an agency, afacility, or a program. After completing a review, the ombudsmanshall inform the complainant and the agency, facility, or program thatthe review has been completed.
(b) If, after:
(1) reviewing a complaint;
(2) considering the response of an agency, a facility, or aprogram; and
(3) considering any other pertinent material;
the mental health ombudsman determines that the complaint hasmerit, the ombudsman may make recommendations to that agency,facility, or program.
(c) At the ombudsman's request, the agency, facility, or programshall, within a reasonable time, inform the ombudsman about theaction taken on the ombudsman's recommendation under subsection(b) or the reasons for not complying with the ombudsman'srecommendation.
As added by P.L.40-1994, SEC.62. Amended by P.L.215-2001,SEC.76.
IC 12-27-9-6
Referral of matters; statistics
Sec. 6. (a) If the ombudsman believes that the agency, facility, orprogram has failed to comply with the ombudsman'srecommendations, the ombudsman shall refer the matter to thedivision of mental health and addiction or the Indiana protection andadvocacy services commission as appropriate.
(b) The ombudsman shall compile annual statistics on eachagency, facility, or program on which it reviews a complaint orconducts an investigation and determines that the complaint hasmerit or the investigation reveals a problem. The statistics mustspecify the types of complaints or problems and each agency,facility, or program that has failed to comply with the ombudsman'srecommendations. The statistics shall be reported to the director ofthe division of mental health and addiction.
As added by P.L.40-1994, SEC.62. Amended by P.L.215-2001,SEC.77.