IC 12-24-12
Chapter 12. Monitoring of Patients Discharged From State
Institutions 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 the
division 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 providers
to administer a system of community based gatekeepers to monitor
each individual from the time the individual has been involuntarily
committed to a state institution administered by the division until the
individual 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 this
chapter is discharged or placed on outpatient status under IC 12-26,
a discharge plan shall be formulated in consultation with the patient's
designated case manager. The superintendent shall provide copies of
the individual's plan of discharge or placement to a community
mental health center or a managed care provider serving the area in
which the individual will reside. The plan must include the
following:
(1) A copy of the papers authorizing the discharge or
placement.
(2) An assessment of the individual's mental health.
(3) The superintendent's recommendations concerning the
follow-up treatment services and the specific residential
placement that the individual should receive after the individual
is discharged or placed.
(4) If the individual has been placed on outpatient status, a
description of the conditions relating to the individual's
placement.
(b) If the plan provided to the managed care provider or
community mental health center under subsection (a) recommends
or requires that an individual receive treatment from another
treatment provider, the managed care provider or community mental
health center shall document the following:
(1) Whether the initial contact with the treatment provider
occurred.
(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 by
the treatment provider.
(c) If the plan provided to the managed care provider under
subsection (a) recommends or requires that an individual reside at a
location designated by the superintendent in the plan, the case
manager shall monitor whether the individual is residing at the
location. 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 of
managed care provider; report
Sec. 4. (a) If a managed care provider is aware of problems with
continuity of care for a discharged or placed individual, the managed
care 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 been
discharged or placed;
and attempt to resolve any problems.
(b) If the treatment or residential problems continue and are
significant, the managed care provider shall report these findings to
the 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 an
individual who has been discharged from a state institution to
comply with the plan developed for the individual under section 3 of
this chapter or to cooperate with a case manager in the performance
of the case manager's duties under sections 3 through 4 of this
chapter. 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 committed
to a state institution administered by the division has the following
duties:
(1) To provide case management to the individual in both the
state institution and the community.
(2) To facilitate and plan the committed individual's transition
from the state institution to the community or to another
appropriate placement. As added by P.L.6-1995, SEC.16.
IC 12-24-12-10 Gatekeeper for individual in state institution; division as
gatekeeper
Sec. 10. (a) Upon admission to a state institution administered by
the division of mental health and addiction, the gatekeeper is one (1)
of the following:
(1) For an individual with a psychiatric disorder, the community
mental health center that submitted the report to the committing
court under IC 12-26.
(2) For an individual with a developmental disability, a division
of disability and rehabilitative services service coordinator
under IC 12-11-2.1.
(3) For an individual entering an addictions program, an
addictions treatment provider that is certified by the division of
mental health and addiction.
(b) The division is the gatekeeper for the following:
(1) An individual who is found to have insufficient
comprehension to stand trial under IC 35-36-3.
(2) An individual who is found to be not guilty by reason of
insanity under IC 35-36-2-4 and is subject to a civil
commitment under IC 12-26.
(3) An individual who is immediately subject to a civil
commitment upon the individual's release from incarceration in
a facility administered by the department of correction or the
Federal Bureau of Prisons, or upon being charged with or
convicted of a forcible felony under IC 35-41-1.
(4) An individual placed under the supervision of the division
for addictions treatment under IC 12-23-7 and IC 12-23-8.
(5) An individual transferred from the department of correction
under 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 the
time 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 the
committed individual's gatekeeper shall continue to serve as that
individual's gatekeeper until the termination of the individual's
commitment.
(c) The assignment of the gatekeeper for an individual may be
transferred to another gatekeeper if the transfer is in the best interest
of the committed individual. As added by P.L.6-1995, SEC.18.
IC 12-24-12
Chapter 12. Monitoring of Patients Discharged From State
Institutions 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 the
division 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 providers
to administer a system of community based gatekeepers to monitor
each individual from the time the individual has been involuntarily
committed to a state institution administered by the division until the
individual 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 this
chapter is discharged or placed on outpatient status under IC 12-26,
a discharge plan shall be formulated in consultation with the patient's
designated case manager. The superintendent shall provide copies of
the individual's plan of discharge or placement to a community
mental health center or a managed care provider serving the area in
which the individual will reside. The plan must include the
following:
(1) A copy of the papers authorizing the discharge or
placement.
(2) An assessment of the individual's mental health.
(3) The superintendent's recommendations concerning the
follow-up treatment services and the specific residential
placement that the individual should receive after the individual
is discharged or placed.
(4) If the individual has been placed on outpatient status, a
description of the conditions relating to the individual's
placement.
(b) If the plan provided to the managed care provider or
community mental health center under subsection (a) recommends
or requires that an individual receive treatment from another
treatment provider, the managed care provider or community mental
health center shall document the following:
(1) Whether the initial contact with the treatment provider
occurred.
(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 by
the treatment provider.
(c) If the plan provided to the managed care provider under
subsection (a) recommends or requires that an individual reside at a
location designated by the superintendent in the plan, the case
manager shall monitor whether the individual is residing at the
location. 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 of
managed care provider; report
Sec. 4. (a) If a managed care provider is aware of problems with
continuity of care for a discharged or placed individual, the managed
care 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 been
discharged or placed;
and attempt to resolve any problems.
(b) If the treatment or residential problems continue and are
significant, the managed care provider shall report these findings to
the 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 an
individual who has been discharged from a state institution to
comply with the plan developed for the individual under section 3 of
this chapter or to cooperate with a case manager in the performance
of the case manager's duties under sections 3 through 4 of this
chapter. 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 committed
to a state institution administered by the division has the following
duties:
(1) To provide case management to the individual in both the
state institution and the community.
(2) To facilitate and plan the committed individual's transition
from the state institution to the community or to another
appropriate placement. As added by P.L.6-1995, SEC.16.
IC 12-24-12-10 Gatekeeper for individual in state institution; division as
gatekeeper
Sec. 10. (a) Upon admission to a state institution administered by
the division of mental health and addiction, the gatekeeper is one (1)
of the following:
(1) For an individual with a psychiatric disorder, the community
mental health center that submitted the report to the committing
court under IC 12-26.
(2) For an individual with a developmental disability, a division
of disability and rehabilitative services service coordinator
under IC 12-11-2.1.
(3) For an individual entering an addictions program, an
addictions treatment provider that is certified by the division of
mental health and addiction.
(b) The division is the gatekeeper for the following:
(1) An individual who is found to have insufficient
comprehension to stand trial under IC 35-36-3.
(2) An individual who is found to be not guilty by reason of
insanity under IC 35-36-2-4 and is subject to a civil
commitment under IC 12-26.
(3) An individual who is immediately subject to a civil
commitment upon the individual's release from incarceration in
a facility administered by the department of correction or the
Federal Bureau of Prisons, or upon being charged with or
convicted of a forcible felony under IC 35-41-1.
(4) An individual placed under the supervision of the division
for addictions treatment under IC 12-23-7 and IC 12-23-8.
(5) An individual transferred from the department of correction
under 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 the
time 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 the
committed individual's gatekeeper shall continue to serve as that
individual's gatekeeper until the termination of the individual's
commitment.
(c) The assignment of the gatekeeper for an individual may be
transferred to another gatekeeper if the transfer is in the best interest
of the committed individual. As added by P.L.6-1995, SEC.18.
IC 12-24-12
Chapter 12. Monitoring of Patients Discharged From State
Institutions 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 the
division 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 providers
to administer a system of community based gatekeepers to monitor
each individual from the time the individual has been involuntarily
committed to a state institution administered by the division until the
individual 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 this
chapter is discharged or placed on outpatient status under IC 12-26,
a discharge plan shall be formulated in consultation with the patient's
designated case manager. The superintendent shall provide copies of
the individual's plan of discharge or placement to a community
mental health center or a managed care provider serving the area in
which the individual will reside. The plan must include the
following:
(1) A copy of the papers authorizing the discharge or
placement.
(2) An assessment of the individual's mental health.
(3) The superintendent's recommendations concerning the
follow-up treatment services and the specific residential
placement that the individual should receive after the individual
is discharged or placed.
(4) If the individual has been placed on outpatient status, a
description of the conditions relating to the individual's
placement.
(b) If the plan provided to the managed care provider or
community mental health center under subsection (a) recommends
or requires that an individual receive treatment from another
treatment provider, the managed care provider or community mental
health center shall document the following:
(1) Whether the initial contact with the treatment provider
occurred.
(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 by
the treatment provider.
(c) If the plan provided to the managed care provider under
subsection (a) recommends or requires that an individual reside at a
location designated by the superintendent in the plan, the case
manager shall monitor whether the individual is residing at the
location. 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 of
managed care provider; report
Sec. 4. (a) If a managed care provider is aware of problems with
continuity of care for a discharged or placed individual, the managed
care 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 been
discharged or placed;
and attempt to resolve any problems.
(b) If the treatment or residential problems continue and are
significant, the managed care provider shall report these findings to
the 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 an
individual who has been discharged from a state institution to
comply with the plan developed for the individual under section 3 of
this chapter or to cooperate with a case manager in the performance
of the case manager's duties under sections 3 through 4 of this
chapter. 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 committed
to a state institution administered by the division has the following
duties:
(1) To provide case management to the individual in both the
state institution and the community.
(2) To facilitate and plan the committed individual's transition
from the state institution to the community or to another
appropriate placement. As added by P.L.6-1995, SEC.16.
IC 12-24-12-10 Gatekeeper for individual in state institution; division as
gatekeeper
Sec. 10. (a) Upon admission to a state institution administered by
the division of mental health and addiction, the gatekeeper is one (1)
of the following:
(1) For an individual with a psychiatric disorder, the community
mental health center that submitted the report to the committing
court under IC 12-26.
(2) For an individual with a developmental disability, a division
of disability and rehabilitative services service coordinator
under IC 12-11-2.1.
(3) For an individual entering an addictions program, an
addictions treatment provider that is certified by the division of
mental health and addiction.
(b) The division is the gatekeeper for the following:
(1) An individual who is found to have insufficient
comprehension to stand trial under IC 35-36-3.
(2) An individual who is found to be not guilty by reason of
insanity under IC 35-36-2-4 and is subject to a civil
commitment under IC 12-26.
(3) An individual who is immediately subject to a civil
commitment upon the individual's release from incarceration in
a facility administered by the department of correction or the
Federal Bureau of Prisons, or upon being charged with or
convicted of a forcible felony under IC 35-41-1.
(4) An individual placed under the supervision of the division
for addictions treatment under IC 12-23-7 and IC 12-23-8.
(5) An individual transferred from the department of correction
under 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 the
time 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 the
committed individual's gatekeeper shall continue to serve as that
individual's gatekeeper until the termination of the individual's
commitment.
(c) The assignment of the gatekeeper for an individual may be
transferred to another gatekeeper if the transfer is in the best interest
of the committed individual. As added by P.L.6-1995, SEC.18.
