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 programs
of community based residential alternatives to placement in state
institutions and nursing facilities licensed under IC 16-28 for
individuals 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 patterns
and conditions of everyday life that are as close as possible to
normal. 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 in
the 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 the
program serves individuals with a mental illness to provide
sub-acute stabilization services to individuals on a short term
basis. However, the director may waive the limitation for a
sub-acute stabilization program.
(2) Supervised group living programs, which serve at least four
(4) individuals and not more than fifteen (15) individuals, if the
program serves individuals with a mental illness. However, the
director may waive the limitation for a supervised group living
program that:
(A) was in existence on June 30, 1985; or
(B) after June 30, 1985, provides long term care to
individuals with a mental illness.
The program and the individuals served by the program shall be
closely supervised by trained individuals.
(3) Alternative family programs, which serve not more than six
(6) individuals who reside with an unrelated householder. The
householder must be instructed on the needs of individuals in
the program.
(4) Semi-independent living programs, which serve not more
than six (6) individuals who require only limited supervision.
The supervision must be on a regular basis and take into
account emergency needs of the individuals in the program.
(5) Independent living support services for individuals residing
independently with the individuals' families or with relatives.
The services are temporary or provided intermittently.
(6) Supported living service arrangements to meet the unique
needs 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 may
not be placed in a program described in section 3(1), 3(2), or 3(3) of
this chapter until after an evaluation approved by the division
indicates the following:
(1) Placement in a particular program of services is appropriate.
(2) Treatment and crisis intervention services needed by an
individual with a mental illness are available.
(b) Emergency placements of not more than sixty (60) days may
be 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 this
chapter are available and meet an individual's needs, an individual
should 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 individual
with a mental illness in a child caring institution licensed under
IC 31-27, a county home regulated by IC 12-30-3, or a health facility
licensed under IC 16-28 if:
(1) the individual was placed in the institution, home, or facility
before 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 to
provide 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 on
outpatient status; placement preference
Sec. 8. (a) If the superintendent of a state institution requests, the
division shall determine if an individual who is being discharged
from the state institution or placed on outpatient status by the state
institution should be given preference for placement in a community
residential program described in section 3 of this chapter.
(b) A determination of the division under subsection (a) is binding
upon an individual who enters into a contract under section 7 of this
chapter. 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 Medicaid
program:
(1) an individual who receives services under this chapter; and
(2) the parents of the individual if the individual is less than
eighteen (18) years of age;
are liable for the cost for the services.
(b) The cost shall be established under rules adopted by the
director 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 community
residential program described in section 3(1), 3(2), 3(3), or 3(4) of
this 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 mental
health and addiction.
(b) The division of mental health and addiction shall investigate
a report of:
(1) an unlicensed facility housing a community residential
program described in section 3(1), 3(2), and 3(3) of this
chapter;
(2) an uncertified operator of a community residential program
described in section 3(1), 3(2), and 3(3) of this chapter; or
(3) a licensed or certified entity's noncompliance with this
article;
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 an
investigation under this section.
(2) File an action for injunctive relief to stop the operation of a
facility described in subsection (b) if there is reasonable cause
to believe that:
(A) the facility or the operator of a community residential
program described in subsection (b) is operating without a
required license or certification; or
(B) a licensed or certified entity's actions or omissions
create an immediate danger of serious bodily injury to an
individual with a mental illness or an imminent danger to the
health of an individual with a mental illness.
(3) Seek in a civil action a civil penalty of not more than one
hundred 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 this
chapter, but is not in compliance with this article,
IC 12-21-2-3, or rules adopted under this article or
IC 12-21-2-3.
(d) The division of mental health and addiction may provide for
the removal of individuals with a mental illness from facilities for
individuals with a mental illness described in subsection (c).
(e) There must be an opportunity for an informal meeting with the
division of mental health and addiction after injunctive relief is
ordered under this section.
(f) The civil penalties collected under this section must be
deposited 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.
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 programs
of community based residential alternatives to placement in state
institutions and nursing facilities licensed under IC 16-28 for
individuals 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 patterns
and conditions of everyday life that are as close as possible to
normal. 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 in
the 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 the
program serves individuals with a mental illness to provide
sub-acute stabilization services to individuals on a short term
basis. However, the director may waive the limitation for a
sub-acute stabilization program.
(2) Supervised group living programs, which serve at least four
(4) individuals and not more than fifteen (15) individuals, if the
program serves individuals with a mental illness. However, the
director may waive the limitation for a supervised group living
program that:
(A) was in existence on June 30, 1985; or
(B) after June 30, 1985, provides long term care to
individuals with a mental illness.
The program and the individuals served by the program shall be
closely supervised by trained individuals.
(3) Alternative family programs, which serve not more than six
(6) individuals who reside with an unrelated householder. The
householder must be instructed on the needs of individuals in
the program.
(4) Semi-independent living programs, which serve not more
than six (6) individuals who require only limited supervision.
The supervision must be on a regular basis and take into
account emergency needs of the individuals in the program.
(5) Independent living support services for individuals residing
independently with the individuals' families or with relatives.
The services are temporary or provided intermittently.
(6) Supported living service arrangements to meet the unique
needs 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 may
not be placed in a program described in section 3(1), 3(2), or 3(3) of
this chapter until after an evaluation approved by the division
indicates the following:
(1) Placement in a particular program of services is appropriate.
(2) Treatment and crisis intervention services needed by an
individual with a mental illness are available.
(b) Emergency placements of not more than sixty (60) days may
be 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 this
chapter are available and meet an individual's needs, an individual
should 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 individual
with a mental illness in a child caring institution licensed under
IC 31-27, a county home regulated by IC 12-30-3, or a health facility
licensed under IC 16-28 if:
(1) the individual was placed in the institution, home, or facility
before 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 to
provide 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 on
outpatient status; placement preference
Sec. 8. (a) If the superintendent of a state institution requests, the
division shall determine if an individual who is being discharged
from the state institution or placed on outpatient status by the state
institution should be given preference for placement in a community
residential program described in section 3 of this chapter.
(b) A determination of the division under subsection (a) is binding
upon an individual who enters into a contract under section 7 of this
chapter. 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 Medicaid
program:
(1) an individual who receives services under this chapter; and
(2) the parents of the individual if the individual is less than
eighteen (18) years of age;
are liable for the cost for the services.
(b) The cost shall be established under rules adopted by the
director 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 community
residential program described in section 3(1), 3(2), 3(3), or 3(4) of
this 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 mental
health and addiction.
(b) The division of mental health and addiction shall investigate
a report of:
(1) an unlicensed facility housing a community residential
program described in section 3(1), 3(2), and 3(3) of this
chapter;
(2) an uncertified operator of a community residential program
described in section 3(1), 3(2), and 3(3) of this chapter; or
(3) a licensed or certified entity's noncompliance with this
article;
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 an
investigation under this section.
(2) File an action for injunctive relief to stop the operation of a
facility described in subsection (b) if there is reasonable cause
to believe that:
(A) the facility or the operator of a community residential
program described in subsection (b) is operating without a
required license or certification; or
(B) a licensed or certified entity's actions or omissions
create an immediate danger of serious bodily injury to an
individual with a mental illness or an imminent danger to the
health of an individual with a mental illness.
(3) Seek in a civil action a civil penalty of not more than one
hundred 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 this
chapter, but is not in compliance with this article,
IC 12-21-2-3, or rules adopted under this article or
IC 12-21-2-3.
(d) The division of mental health and addiction may provide for
the removal of individuals with a mental illness from facilities for
individuals with a mental illness described in subsection (c).
(e) There must be an opportunity for an informal meeting with the
division of mental health and addiction after injunctive relief is
ordered under this section.
(f) The civil penalties collected under this section must be
deposited 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.
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 programs
of community based residential alternatives to placement in state
institutions and nursing facilities licensed under IC 16-28 for
individuals 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 patterns
and conditions of everyday life that are as close as possible to
normal. 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 in
the 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 the
program serves individuals with a mental illness to provide
sub-acute stabilization services to individuals on a short term
basis. However, the director may waive the limitation for a
sub-acute stabilization program.
(2) Supervised group living programs, which serve at least four
(4) individuals and not more than fifteen (15) individuals, if the
program serves individuals with a mental illness. However, the
director may waive the limitation for a supervised group living
program that:
(A) was in existence on June 30, 1985; or
(B) after June 30, 1985, provides long term care to
individuals with a mental illness.
The program and the individuals served by the program shall be
closely supervised by trained individuals.
(3) Alternative family programs, which serve not more than six
(6) individuals who reside with an unrelated householder. The
householder must be instructed on the needs of individuals in
the program.
(4) Semi-independent living programs, which serve not more
than six (6) individuals who require only limited supervision.
The supervision must be on a regular basis and take into
account emergency needs of the individuals in the program.
(5) Independent living support services for individuals residing
independently with the individuals' families or with relatives.
The services are temporary or provided intermittently.
(6) Supported living service arrangements to meet the unique
needs 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 may
not be placed in a program described in section 3(1), 3(2), or 3(3) of
this chapter until after an evaluation approved by the division
indicates the following:
(1) Placement in a particular program of services is appropriate.
(2) Treatment and crisis intervention services needed by an
individual with a mental illness are available.
(b) Emergency placements of not more than sixty (60) days may
be 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 this
chapter are available and meet an individual's needs, an individual
should 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 individual
with a mental illness in a child caring institution licensed under
IC 31-27, a county home regulated by IC 12-30-3, or a health facility
licensed under IC 16-28 if:
(1) the individual was placed in the institution, home, or facility
before 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 to
provide 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 on
outpatient status; placement preference
Sec. 8. (a) If the superintendent of a state institution requests, the
division shall determine if an individual who is being discharged
from the state institution or placed on outpatient status by the state
institution should be given preference for placement in a community
residential program described in section 3 of this chapter.
(b) A determination of the division under subsection (a) is binding
upon an individual who enters into a contract under section 7 of this
chapter. 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 Medicaid
program:
(1) an individual who receives services under this chapter; and
(2) the parents of the individual if the individual is less than
eighteen (18) years of age;
are liable for the cost for the services.
(b) The cost shall be established under rules adopted by the
director 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 community
residential program described in section 3(1), 3(2), 3(3), or 3(4) of
this 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 mental
health and addiction.
(b) The division of mental health and addiction shall investigate
a report of:
(1) an unlicensed facility housing a community residential
program described in section 3(1), 3(2), and 3(3) of this
chapter;
(2) an uncertified operator of a community residential program
described in section 3(1), 3(2), and 3(3) of this chapter; or
(3) a licensed or certified entity's noncompliance with this
article;
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 an
investigation under this section.
(2) File an action for injunctive relief to stop the operation of a
facility described in subsection (b) if there is reasonable cause
to believe that:
(A) the facility or the operator of a community residential
program described in subsection (b) is operating without a
required license or certification; or
(B) a licensed or certified entity's actions or omissions
create an immediate danger of serious bodily injury to an
individual with a mental illness or an imminent danger to the
health of an individual with a mental illness.
(3) Seek in a civil action a civil penalty of not more than one
hundred 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 this
chapter, but is not in compliance with this article,
IC 12-21-2-3, or rules adopted under this article or
IC 12-21-2-3.
(d) The division of mental health and addiction may provide for
the removal of individuals with a mental illness from facilities for
individuals with a mental illness described in subsection (c).
(e) There must be an opportunity for an informal meeting with the
division of mental health and addiction after injunctive relief is
ordered under this section.
(f) The civil penalties collected under this section must be
deposited 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.
