reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 12. Human Services › Article 24. State Institutions › Chapter 12. Monitoring of Patients Discharged From State Institutions and the Use of Community Residential Programs › 12-24-12-4. Problems With Continuity of Care; Reporting

Sec. 4. (a) If a community mental health center is aware of problems with continuity of care for a discharged or placed individual, the community mental health center 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 community mental health center shall report these findings to the director.
[Pre-1992 Revision Citation: 16-14-30-2(d).]
As added by P.L.2-1992, SEC.18. Amended by P.L.40-1994, SEC.51; P.L.188-2013, SEC.15.
2023 Indiana Code › Title 12. Human Services › Article 24. State Institutions › Chapter 12. Monitoring of Patients Discharged From State Institutions and the Use of Community Residential Programs › 12-24-12-5. Repealed

[Pre-1992 Revision Citation: 16-14-30-2(e).]
As added by P.L.2-1992, SEC.18. Repealed by P.L.40-1994, SEC.83.
2023 Indiana Code › Title 12. Human Services › Article 24. State Institutions › Chapter 12. Monitoring of Patients Discharged From State Institutions and the Use of Community Residential Programs › 12-24-12-6. Application of Ic 12-24-12-3 and Ic 12-24-12-4

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.
[Pre-1992 Revision Citation: 16-14-30-2(f).]
As added by P.L.2-1992, SEC.18. Amended by P.L.40-1994, SEC.52.
2023 Indiana Code › Title 12. Human Services › Article 24. State Institutions › Chapter 12. Monitoring of Patients Discharged From State Institutions and the Use of Community Residential Programs › 12-24-12-7. Repealed

[Pre-1992 Revision Citation: 16-14-30-3.]
As added by P.L.2-1992, SEC.18. Amended by P.L.62-1993, SEC.8. Repealed by P.L.40-1994, SEC.83.
2023 Indiana Code › Title 12. Human Services › Article 24. State Institutions › Chapter 12. Monitoring of Patients Discharged From State Institutions and the Use of Community Residential Programs › 12-24-12-8. Repealed

[Pre-1992 Revision Citation: 16-14-30-4.]
As added by P.L.2-1992, SEC.18. Repealed by P.L.40-1994, SEC.83.
2023 Indiana Code › Title 12. Human Services › Article 24. State Institutions › Chapter 12. Monitoring of Patients Discharged From State Institutions and the Use of Community Residential Programs › 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.
2023 Indiana Code › Title 12. Human Services › Article 24. State Institutions › Chapter 12. Monitoring of Patients Discharged From State Institutions and the Use of Community Residential Programs › 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.
(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 (as defined by IC 35-31.5-2-138).
(4) An individual transferred from the department of correction under IC 11-10-4.
(5) An individual placed under the supervision of the division for addictions treatment under IC 12-23-7.1 and IC 12-23-8.1.
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; P.L.114-2012, SEC.33; P.L.188-2013, SEC.16; P.L.113-2014, SEC.43; P.L.187-2015, SEC.22.
2023 Indiana Code › Title 12. Human Services › Article 24. State Institutions › Chapter 12. Monitoring of Patients Discharged From State Institutions and the Use of Community Residential Programs › 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.
2023 Indiana Code › Title 12. Human Services › Article 24. State Institutions › Chapter 13. Liability for Cost of Treatment of Patients in State Institutions › 12-24-13-1. Accounting and Bookkeeping System

Sec. 1. Each division shall develop and implement an accounting and bookkeeping system for each state institution so that the cost of all institutional services provided to a patient can be determined.
[Pre-1992 Revision Citation: 16-14-5.5-3 part.]
As added by P.L.2-1992, SEC.18.
2023 Indiana Code › Title 12. Human Services › Article 24. State Institutions › Chapter 13. Liability for Cost of Treatment of Patients in State Institutions › 12-24-13-2. Limitation on Charges

Sec. 2. A patient, patient's parents, patient's legal guardians, or patient's other responsible relatives may be charged only for services and treatment provided.
[Pre-1992 Revision Citation: 16-14-5.5-3 part.]
As added by P.L.2-1992, SEC.18.
2023 Indiana Code › Title 12. Human Services › Article 24. State Institutions › Chapter 13. Liability for Cost of Treatment of Patients in State Institutions › 12-24-13-3. Repealed

[Pre-1992 Revision Citations: subsection (a) formerly 16-14-18.1-2(a); 16-14-18.1-3(c); subsection (b) formerly 16-14-18.1-2(b).]
As added by P.L.2-1992, SEC.18. Repealed by P.L.187-2007, SEC.15.
2023 Indiana Code › Title 12. Human Services › Article 24. State Institutions › Chapter 13. Liability for Cost of Treatment of Patients in State Institutions › 12-24-13-4. Charge Structure for Institutional Services and Treatment; Liability for Payment

Sec. 4. (a) Each state institution shall establish a charge structure for institutional services and treatment. The charge structure must be approved by the director of the division before July 1 of each year and, once approved, the charge structure must be effective for the following state fiscal year.
(b) Except as provided in section 5 of this chapter, each patient in a state institution and the responsible parties, individually or collectively, are liable for the payment of the charges for the treatment and maintenance of the patient.
[Pre-1992 Revision Citations: subsection (a) formerly 16-14-18.1-2(c); subsection (b) formerly 16-14-18.1-3(a) part.]
As added by P.L.2-1992, SEC.18. Amended by P.L.187-2007, SEC.10.
2023 Indiana Code › Title 12. Human Services › Article 24. State Institutions › Chapter 13. Liability for Cost of Treatment of Patients in State Institutions › 12-24-13-5. Placement of a Student With a Disability in a State Institution for the Provision of Special Education

Sec. 5. (a) Except as provided in section 6 of this chapter, whenever placement of a student with a disability (as defined in IC 20-35-1-8) in a state institution is necessary for the provision of special education for that student, the cost of the student's education program, nonmedical care, and room and board shall be paid by the division rather than by the student's parents, guardian, or other responsible party.
(b) The student's parents, guardian, or other responsible party shall pay the cost of any transportation not required by the student's individualized education program (as defined in IC 20-18-2-9). The school corporation in which the student has legal settlement (as determined under IC 20-26-11) shall pay the cost of transportation required by the student's individualized education program under IC 20-35-8-2. However, this section does not relieve an insurer or other third party from an otherwise valid obligation to provide or pay for the services provided to the student.
(c) The Indiana state board of education and the divisions shall jointly establish a procedure and standards for determining when placement in a state institution is necessary for the provision of special education for a student.
[Pre-1992 Revision Citation: 16-14-18.1-3(a) part.]
As added by P.L.2-1992, SEC.18. Amended by P.L.23-1993, SEC.56; P.L.1-2005, SEC.140; P.L.146-2008, SEC.415; P.L.233-2015, SEC.24.
2023 Indiana Code › Title 12. Human Services › Article 24. State Institutions › Chapter 13. Liability for Cost of Treatment of Patients in State Institutions › 12-24-13-6. Children Under Custody or Supervision of Department or County Office

Sec. 6. The department of child services is responsible for the cost of treatment or maintenance of a child under the department's custody or supervision who is placed in a state institution only if the cost is reimbursable under the state Medicaid program under IC 12-15.
[Pre-1992 Revision Citation: 16-14-18.1-3(b).]
As added by P.L.2-1992, SEC.18. Amended by P.L.4-1993, SEC.201; P.L.5-1993, SEC.214; P.L.145-2006, SEC.125; P.L.146-2008, SEC.416; P.L.131-2009, SEC.2.
2023 Indiana Code › Title 12. Human Services › Article 24. State Institutions › Chapter 13. Liability for Cost of Treatment of Patients in State Institutions › 12-24-13-7. Insurance Coverage; Assignment of Benefits

Sec. 7. If a patient in a state institution has insurance coverage that covers hospitalization or medical services in psychiatric hospitals, all benefits under the insurance coverage shall be assigned to the appropriate division.
[Pre-1992 Revision Citation: 16-14-18.1-3(d).]
As added by P.L.2-1992, SEC.18. Amended by P.L.187-2007, SEC.11.
2023 Indiana Code › Title 12. Human Services › Article 24. State Institutions › Chapter 13. Liability for Cost of Treatment of Patients in State Institutions › 12-24-13-8. Repealed

[Pre-1992 Revision Citation: 16-14-18.1-3(e).]
As added by P.L.2-1992, SEC.18. Repealed by P.L.187-2007, SEC.15.
2023 Indiana Code › Title 12. Human Services › Article 24. State Institutions › Chapter 13. Liability for Cost of Treatment of Patients in State Institutions › 12-24-13-9. Repealed

[Pre-1992 Revision Citation: 16-14-18.1-3(f).]
As added by P.L.2-1992, SEC.18. Repealed by P.L.187-2007, SEC.15.
2023 Indiana Code › Title 12. Human Services › Article 24. State Institutions › Chapter 13. Liability for Cost of Treatment of Patients in State Institutions › 12-24-13-10. Statements of Sums Due as Maintenance Charges; Issuance; Payment Period

Sec. 10. The appropriate division shall issue to any party liable under this chapter for any type of psychiatric service statements of sums due as maintenance charges. The division shall require the liable party to pay monthly, quarterly, or otherwise as may be arranged an amount not exceeding the maximum charge as determined under this chapter.
[Pre-1992 Revision Citation: 16-14-18.1-3(g).]
As added by P.L.2-1992, SEC.18. Amended by P.L.187-2007, SEC.12.
2023 Indiana Code › Title 12. Human Services › Article 24. State Institutions › Chapter 13. Liability for Cost of Treatment of Patients in State Institutions › 12-24-13-11. Estate of Patient

Sec. 11. The estate of a patient who receives care, treatment, maintenance, or any other service furnished by the division at the state's expense is liable for payment of the charges as determined under this chapter for the service. The estate is exempt from the requirements of section 10 of this chapter or any part of this chapter directly in conflict with the intent of the chapter to hold a patient's estate liable for payment.
[Pre-1992 Revision Citation: 16-14-18.1-3(h).]
As added by P.L.2-1992, SEC.18. Amended by P.L.187-2007, SEC.13.
2023 Indiana Code › Title 12. Human Services › Article 24. State Institutions › Chapter 14. Collection of Charges for Treatment and Maintenance of Patients › 12-24-14-1. "Fund" Defined

Sec. 1. As used in this chapter, "fund" refers to the mental health fund established by this chapter.
[1992 Revision Citation: New.]
As added by P.L.2-1992, SEC.18.
2023 Indiana Code › Title 12. Human Services › Article 24. State Institutions › Chapter 14. Collection of Charges for Treatment and Maintenance of Patients › 12-24-14-2. Billing and Collection of Maintenance Charges

Sec. 2. The billing and collection of maintenance charges under this article shall be made by the division or a unit of the division designated by the director.
[Pre-1992 Revision Citation: 16-14-18.1-5 part.]
As added by P.L.2-1992, SEC.18. Amended by P.L.187-2007, SEC.14.
2023 Indiana Code › Title 12. Human Services › Article 24. State Institutions › Chapter 14. Collection of Charges for Treatment and Maintenance of Patients › 12-24-14-3. Deposit of Money Collected

Sec. 3. Money collected shall be deposited each day by the division in a designated public depository.
[Pre-1992 Revision Citation: 16-14-18.1-5 part.]
As added by P.L.2-1992, SEC.18.
2023 Indiana Code › Title 12. Human Services › Article 24. State Institutions › Chapter 14. Collection of Charges for Treatment and Maintenance of Patients › 12-24-14-4. Deposit in State Mental Health Fund of Money Deposited Under Ic 12-24-14-3

Sec. 4. On the first day of each month, or within three (3) days thereafter, all money deposited under section 3 of this chapter shall be forwarded by the division to the treasurer of state to be deposited in a special fund to be known as the mental health fund.
[Pre-1992 Revision Citation: 16-14-18.1-5 part.]
As added by P.L.2-1992, SEC.18.
2023 Indiana Code › Title 12. Human Services › Article 24. State Institutions › Chapter 14. Collection of Charges for Treatment and Maintenance of Patients › 12-24-14-5. Powers of Division

Sec. 5. The division may do the following:
(1) Investigate, either with division staff or on a contractual or other basis, the financial condition of each person liable under this chapter.
(2) Make determinations of the ability of the patient and the responsible parties to pay maintenance charges.
(3) Set a standard as a basis of judgment of ability to pay. The standard shall be recomputed periodically to reflect changes in the cost of living and other pertinent factors and to make provisions for unusual and exceptional circumstances in the application of the standard.
[Pre-1992 Revision Citation: 16-14-18.1-7.]
As added by P.L.2-1992, SEC.18.
2023 Indiana Code › Title 12. Human Services › Article 24. State Institutions › Chapter 14. Collection of Charges for Treatment and Maintenance of Patients › 12-24-14-6. Compromise Agreements; Conditions; Other Sources of Reimbursement

Sec. 6. (a) The division may, upon receipt of a properly executed application, agree to accept payment at a lesser rate than that prescribed under this article.
(b) The division shall, in determining whether to accept the lesser amount under this section, take into consideration the possibility of reimbursement from the estate of the patient and the estates of responsible parties.
(c) All agreements to accept a lesser amount under this section are subject to cancellation or modification if any of the following conditions exist:
(1) Material misrepresentation or omission of facts.
(2) Substantial and continuing change in the financial circumstances of the responsible party with whom the agreement is made within five (5) years after discharge.
(d) A person who has been issued a bill for maintenance charges based upon a lesser rate than that prescribed by this article may request the division to review the agreement. If an acceptable rate cannot otherwise be established, the division shall provide for hearings to be held upon request.
(e) The division may modify an agreement made under this section after the hearing held under subsection (d).
(f) This section does not prohibit the division from receiving reimbursement under 42 U.S.C. 1395 et seq. or 42 U.S.C. 1396 et seq.
[Pre-1992 Revision Citation: 16-14-18.1-8.]
As added by P.L.2-1992, SEC.18.
2023 Indiana Code › Title 12. Human Services › Article 24. State Institutions › Chapter 14. Collection of Charges for Treatment and Maintenance of Patients › 12-24-14-7. Acceptance of More Money Than Owed

Sec. 7. The division may accept more money than is owed if a person desires to pay more.
[Pre-1992 Revision Citation: 16-14-18.1-9.]
As added by P.L.2-1992, SEC.18.
2023 Indiana Code › Title 12. Human Services › Article 24. State Institutions › Chapter 15. Legal Process for Recovery of Treatment and Maintenance Charges › 12-24-15-1. Lien Upon Real Property of Patient and Responsible Parties; Recording; Priority

Sec. 1. The liability created by this article for payment of any type of cost of treatment and maintenance of a patient constitutes a lien upon the real property of the patient and responsible parties of the patient whenever the lien has been recorded according to this chapter. The lien has priority over all liens subsequently acquired.
[Pre-1992 Revision Citation: 16-14-18.1-3(i).]
As added by P.L.2-1992, SEC.18.
2023 Indiana Code › Title 12. Human Services › Article 24. State Institutions › Chapter 15. Legal Process for Recovery of Treatment and Maintenance Charges › 12-24-15-2. Delinquent Charges; Notice of Lien; Filing; Requisites

Sec. 2. (a) If charges for the cost of treatment and maintenance of a patient remain unpaid in whole for three (3) months or in part for six (6) months, the appropriate division may file, in the office of the county recorder of the county in which the real property is located, the following:
(1) A notice of lien designating the name and place of residence of the patient or responsible party against whose property the lien is asserted.
(2) The date when the charges became delinquent.
(3) A legal description of the real property subject to the lien.
(b) The county auditor or assessor of a county shall, upon request by the division, do the following:
(1) Give notice of all real property in the county registered to the patient or responsible parties.
(2) Furnish the division the legal description and address of all property so registered.
(c) One (1) copy of the notice of lien shall be retained by and filed in the offices of the division, and one (1) copy shall be furnished to the patient or responsible party whose real property is affected.
[Pre-1992 Revision Citation: 16-14-18.1-4(a).]
As added by P.L.2-1992, SEC.18.
2023 Indiana Code › Title 12. Human Services › Article 24. State Institutions › Chapter 15. Legal Process for Recovery of Treatment and Maintenance Charges › 12-24-15-3. Notice of Lien; Effect of Filing; Duration

Sec. 3. (a) From the date on which the notice of lien is recorded in the office of the county recorder, the notice of lien:
(1) constitutes due notice of a lien against the patient or responsible party or the patient's estate for any amount then recoverable and any amounts that become recoverable under this article; and
(2) gives a specific lien in favor of the division.
(b) The lien continues from the date of filing until the lien is satisfied or released.
[Pre-1992 Revision Citation: 16-14-18.1-4(b).]
As added by P.L.2-1992, SEC.18.
2023 Indiana Code › Title 12. Human Services › Article 24. State Institutions › Chapter 15. Legal Process for Recovery of Treatment and Maintenance Charges › 12-24-15-4. Notice to Division Director of Opening of the Estate of the Patient or Responsible Party in the County; Enforcement Suit; Judgment Lien

Sec. 4. (a) The clerk of the circuit court for each county shall give notice to the director of the appropriate division of the opening or commencement of the estate of the patient or a responsible party in the county.
(b) The attorney general shall, upon notification by the division, bring suit in the name of the state on relation of the division against the estate of the patient or a responsible party failing to make payments as required under this article.
(c) If a judgment is obtained in a suit brought under subsection (b), the judgment constitutes a lien against the part of the estate of the person described in the complaint.
[Pre-1992 Revision Citation: 16-14-18.1-10(a).]
As added by P.L.2-1992, SEC.18. Amended by P.L.72-2018, SEC.12.
2023 Indiana Code › Title 12. Human Services › Article 24. State Institutions › Chapter 15. Legal Process for Recovery of Treatment and Maintenance Charges › 12-24-15-5. Suit to Enforce Payment of Maintenance Charges; Order; Attachment; Costs

Sec. 5. (a) The attorney general may bring suit against:
(1) the patient;
(2) the responsible parties of the patient; or
(3) the legal guardian of the patient;
for failure to comply with a maintenance agreement established or for failure to make a maintenance agreement. Suit may be brought for the amount due the state for the maintenance charges of the patient.
(b) The court may order the payment of amounts due for maintenance charges for the periods that the circumstances require. The order may be entered against any of the defendants and may be based upon the proportionate ability of each defendant to contribute to the payment of sums representing maintenance charges.
(c) Orders for the payment of money may be enforced by attachments as in contempt proceedings against the defendants, and costs may be adjudged against and apportioned among the defendants.
[Pre-1992 Revision Citation: 16-14-18.1-10(b).]
As added by P.L.2-1992, SEC.18.
2023 Indiana Code › Title 12. Human Services › Article 24. State Institutions › Chapter 15. Legal Process for Recovery of Treatment and Maintenance Charges › 12-24-15-6. Claim Against Estate of Patient or Responsible Party Under Conditions of Ic 12-24-13; Limitation of Actions

Sec. 6. (a) Except as provided in subsection (b), the absence of a suit authorized in section 5 of this chapter does not bar a division from enforcing its claim against the estate of a patient or the responsible parties of the patient if the conditions of IC 12-24-13 have been met.
(b) A claim against a patient or the responsible parties of the patient becomes void on the tenth anniversary of the patient's discharge if the diagnosis of the patient was mental illness or developmental disability, or both.
[Pre-1992 Revision Citation: 16-14-18.1-10(c).]
As added by P.L.2-1992, SEC.18. Amended by P.L.81-1994, SEC.1.
2023 Indiana Code › Title 12. Human Services › Article 24. State Institutions › Chapter 15. Legal Process for Recovery of Treatment and Maintenance Charges › 12-24-15-7. Foreclosure of Lien; Proceedings

Sec. 7. The attorney general may bring proceedings in foreclosure on a lien arising under this chapter during the lifetime of the patient or responsible party when, in the opinion of the director, it is in the best interest of the division to foreclose on the lien.
[Pre-1992 Revision Citation: 16-14-18.1-10(d).]
As added by P.L.2-1992, SEC.18.
2023 Indiana Code › Title 12. Human Services › Article 24. State Institutions › Chapter 15. Legal Process for Recovery of Treatment and Maintenance Charges › 12-24-15-8. Claim Against Estate of Patient or Responsible Party to Recover Unpaid Treatment and Maintenance Charges; Property Subject to Lien; Priority; Conditions

Sec. 8. (a) Upon the death of a patient or responsible party whose property is encumbered by a lien arising under this chapter and upon notification by the director, the attorney general shall file a claim in the estate of the patient or responsible party for recovery of all charges for treatment and maintenance that have accrued at the date of death.
(b) Notwithstanding any other law, a claim filed for recovery of charges for treatment and maintenance has priority in order of payment from the estate over all other claims except prior recorded encumbrances, taxes, reasonable costs of administration, and reasonable funeral expenses.
(c) If the real property of the deceased patient or responsible relative is occupied by a surviving spouse of the patient or responsible party, the director may not assert a lien or claim during the lifetime of the surviving spouse, except as provided in subsection (d).
(d) The division shall file a claim for recovery of costs of treatment and maintenance if:
(1) another claimant or person has opened an estate and is attempting to enforce a claim; or
(2) a fraudulent attempt is made to avoid the claim or lien.
[Pre-1992 Revision Citation: 16-14-18.1-10(e).]
As added by P.L.2-1992, SEC.18.
2023 Indiana Code › Title 12. Human Services › Article 24. State Institutions › Chapter 15. Legal Process for Recovery of Treatment and Maintenance Charges › 12-24-15-9. Claim Against Estate of Patient or Responsible Party to Recover Unpaid Treatment and Maintenance Charges; Priority

Sec. 9. (a) Upon the death of a patient or a responsible party of the patient who is indebted to the state for any unpaid maintenance charges, whether or not secured by a lien, the attorney general shall file a claim against the estate of the patient or any responsible party for recovery of all charges for treatment and maintenance that have accrued at the date of death.
(b) Notwithstanding any other law, a claim filed under this section has priority except prior recorded encumbrances, taxes, reasonable costs of administration, and reasonable funeral expenses.
(c) Limitations of actions do not bar a division, except:
(1) as to sureties; and
(2) as provided in section 6 of this chapter.
[Pre-1992 Revision Citation: 16-14-18.1-10(f).]
As added by P.L.2-1992, SEC.18. Amended by P.L.81-1994, SEC.2.
2023 Indiana Code › Title 12. Human Services › Article 24. State Institutions › Chapter 15. Legal Process for Recovery of Treatment and Maintenance Charges › 12-24-15-10. Compromise Agreements

Sec. 10. The governor may, with the approval of the attorney general, agree to accept a lesser payment than that established by this article if it is found after investigation that the estate of a patient or responsible party is insufficient to pay the amount established.
[Pre-1992 Revision Citation: 16-14-18.1-11.]
As added by P.L.2-1992, SEC.18.
2023 Indiana Code › Title 12. Human Services › Article 24. State Institutions › Chapter 15. Legal Process for Recovery of Treatment and Maintenance Charges › 12-24-15-11. Pending Litigation or Rights Accrued Before June 1, 1981, Unaffected; Limitation of Actions

Sec. 11. This article does not affect any pending litigation or rights or privileges that accrued before June 1, 1981. However, a claim for services provided before June 1, 1981, against a patient or the responsible parties of the patient becomes void on the tenth anniversary of the patient's discharge if the diagnosis of the patient was mental illness or developmental disability, or both.
[Pre-1992 Revision Citation: 16-14-18.1-15.]
As added by P.L.2-1992, SEC.18. Amended by P.L.81-1994, SEC.3.
2023 Indiana Code › Title 12. Human Services › Article 24. State Institutions › Chapter 16. Taxable Costs and Expenses › 12-24-16-1. Applicable Statutes

Sec. 1. This chapter applies to taxable costs and expenses under the following statutes:
(1) IC 12-24-8.
(2) IC 12-24-9.
(3) IC 12-24-17-8.
[1992 Revision Citation: New.]
As added by P.L.2-1992, SEC.18.
2023 Indiana Code › Title 12. Human Services › Article 24. State Institutions › Chapter 16. Taxable Costs and Expenses › 12-24-16-2. Costs and Expenses; Amounts

Sec. 2. The taxable costs and expenses to be paid are as follows:
(1) To the physician for making the statement accompanying the allegation of insanity, an amount to be fixed by the court not more than ten dollars ($10).
(2) To the two (2) medical examiners for making out the certificate and attending the hearing, an amount to be fixed by the court not more than ten dollars ($10). The two (2) medical examiners shall be allowed, for each mile necessarily traveled in making the examination or attending the hearing, an amount for mileage equal to the amount per mile currently paid to state officers and employees.
(3) To other witnesses, the same fees as are allowed by law in other cases in the circuit court.
(4) To the clerk of the circuit court, the same fees as are allowed by law for similar services in other cases.
(5) To the sheriff, for serving process and attending the hearing, the same fees as are allowed by law for similar services in other cases, and for taking a patient to the hospital, or removing a patient from the hospital, upon warrant of the clerk, one dollar and fifty cents ($1.50) per day for the support of each patient on the way to and from the hospital, and an amount for mileage equal to the amount per mile paid to state officers and employees.
(6) To each assistant allowed by the judge and accompanying the sheriff, with computation in both instances to be made from the county seat to the hospital by the nearest route, an amount for mileage equal to the amount per mile paid to state officers and employees.
(7) To other persons discharging the duties of sheriff, as provided by this article, the same fees as are allowed in this section to the sheriff. To the assistants of the person, the same fees as are allowed in this section to the assistants of the sheriff.
[Pre-1992 Revision Citation: 16-14-15-5 part.]
As added by P.L.2-1992, SEC.18.
2023 Indiana Code › Title 12. Human Services › Article 24. State Institutions › Chapter 16. Taxable Costs and Expenses › 12-24-16-3. Payment Out of County General Fund

Sec. 3. The costs specified in this chapter shall be paid out of the county general fund upon the certificate of the circuit court clerk and the warrant of the county auditor.
[Pre-1992 Revision Citation: 16-14-15-5 part.]
As added by P.L.2-1992, SEC.18.
2023 Indiana Code › Title 12. Human Services › Article 24. State Institutions › Chapter 17. Offenses › 12-24-17-1. "Administrator" Defined

Sec. 1. (a) As used in this chapter, "administrator" means a person who is the administrative head of a hospital, a sanitarium, an institution, an agency, or an instrumentality:
(1) maintained or provided by the United States or an agency or instrumentality of the United States; and
(2) where mental illnesses or developmental disabilities are treated.
(b) The term, for purposes of this chapter and a court order, includes successors in office.
[Pre-1992 Revision Citation: 16-14-1-1(11).]
As added by P.L.2-1992, SEC.18. Amended by P.L.6-1995, SEC.19.
2023 Indiana Code › Title 12. Human Services › Article 24. State Institutions › Chapter 17. Offenses › 12-24-17-2. "Patient" Defined

Sec. 2. As used in this chapter, "patient" means an individual who:
(1) has a mental illness or appears to have a mental illness;
(2) is in or under the supervision and control of a state institution; or
(3) because of mental illness, is under the supervision and control of a circuit or superior court of Indiana.
[Pre-1992 Revision Citation: 16-14-1-1(5).]
As added by P.L.2-1992, SEC.18. Amended by P.L.99-2007, SEC.119.
2023 Indiana Code › Title 12. Human Services › Article 24. State Institutions › Chapter 17. Offenses › 12-24-17-3. Neglect, Abuse, or Maltreatment of a Patient in a State Institution; Penalty

Sec. 3. A person who:
(1) neglects, when the person has a duty of care;
(2) abuses; or
(3) maltreats;
an individual with a mental illness or an individual with a developmental disability under the care of a state institution commits a Class B misdemeanor.
[Pre-1992 Revision Citation: 16-14-1-2(a).]
As added by P.L.2-1992, SEC.18. Amended by P.L.6-1995, SEC.20; P.L.99-2007, SEC.120.
2023 Indiana Code › Title 12. Human Services › Article 24. State Institutions › Chapter 17. Offenses › 12-24-17-4. Knowledge of Alleged Violation of Ic 12-24-17-3; Failure to Make Written Report to Superintendent

Sec. 4. A person who:
(1) knows of an alleged violation of section 3 of this chapter; and
(2) fails to make a written report to the superintendent within twenty-four (24) hours of the alleged violation;
commits a Class A infraction.
[Pre-1992 Revision Citation: 16-14-1-2(b).]
As added by P.L.2-1992, SEC.18.
2023 Indiana Code › Title 12. Human Services › Article 24. State Institutions › Chapter 17. Offenses › 12-24-17-5. Receipt by Superintendent of Report of Alleged Violation; Investigation; Reporting Requirements

Sec. 5. (a) A superintendent who receives a written report of an alleged violation of section 3 of this chapter shall begin an investigation within twenty-four (24) hours after receipt of the written report.
(b) In accordance with IC 31-33, the superintendent shall report the alleged violation of section 3 of this chapter to either of the following:
(1) The department of child services if the alleged victim is less than eighteen (18) years of age.
(2) The adult protective services unit designated under IC 12-10-3 if the alleged victim is at least eighteen (18) years of age.
[Pre-1992 Revision Citation: 16-14-1-2(c).]
As added by P.L.2-1992, SEC.18. Amended by P.L.4-1993, SEC.202; P.L.5-1993, SEC.215; P.L.1-1997, SEC.85; P.L.234-2005, SEC.78.
2023 Indiana Code › Title 12. Human Services › Article 24. State Institutions › Chapter 17. Offenses › 12-24-17-6. Unauthorized Dealing or Contracting by State Institution Employee With or for a Patient Concerning Money or Property

Sec. 6. An employee of a state institution who does any of the following commits a Class B misdemeanor:
(1) Knowingly deals with, contracts with, purchases from, or purchases for a patient in the state institution any property without the permission of the superintendent.
(2) Lends to or borrows from a patient money or other property.
[Pre-1992 Revision Citation: 16-14-1-3.]
As added by P.L.2-1992, SEC.18.
2023 Indiana Code › Title 12. Human Services › Article 24. State Institutions › Chapter 17. Offenses › 12-24-17-7. Enticing or Taking a Patient Away or Aiding a Patient to Escape From the Custody of an Administrator or a Superintendent

Sec. 7. A person who:
(1) recklessly entices or takes a patient away; or
(2) aids, induces, or causes a patient to escape;
from an administrator or a superintendent who has been granted custody of the patient commits a Class B misdemeanor.
[Pre-1992 Revision Citation: 16-14-1-4.]
As added by P.L.2-1992, SEC.18.
2023 Indiana Code › Title 12. Human Services › Article 24. State Institutions › Chapter 17. Offenses › 12-24-17-8. Releasing Information Concerning a Patient's Medical Records or Treatment Without Written Consent of Patient, Parent, or Guardian

Sec. 8. A person who knowingly or intentionally releases information concerning a patient's medical records or treatment under IC 12-24-11 or IC 16-39-2 without the knowing, written consent of the patient or the patient's parent or guardian commits a Class B infraction.
[Pre-1992 Revision Citation: 16-14-28-3.]
As added by P.L.2-1992, SEC.18. Amended by P.L.40-1994, SEC.53.
2023 Indiana Code › Title 12. Human Services › Article 24. State Institutions › Chapter 18. Conveyance of Undeveloped Real Property of State Institutions in Certain Counties › 12-24-18-1. Application of Chapter to Certain City

Sec. 1. This chapter applies to a city having a population of more than thirty-five thousand (35,000) and less than thirty-seven thousand (37,000).
As added by P.L.147-1993, SEC.1. Amended by P.L.170-2002, SEC.82; P.L.119-2012, SEC.107; P.L.104-2022, SEC.78.
2023 Indiana Code › Title 12. Human Services › Article 24. State Institutions › Chapter 18. Conveyance of Undeveloped Real Property of State Institutions in Certain Counties › 12-24-18-2. Applicability of Chapter; Conditions of Real Property

Sec. 2. This chapter applies only to real property that satisfies all of the following conditions:
(1) The real property is owned by the state and under the control of a state institution.
(2) The real property is undeveloped.
(3) The executive of the city identifies the real property through a legal description of the property.
(4) The state approves the legal description prepared under subdivision (3).
As added by P.L.147-1993, SEC.1.
2023 Indiana Code › Title 12. Human Services › Article 24. State Institutions › Chapter 18. Conveyance of Undeveloped Real Property of State Institutions in Certain Counties › 12-24-18-3. Conveyance or Lease of Property to City

Sec. 3. (a) Subject to this section, the state shall convey or lease the real property to the city.
(b) The conveyance or lease required by this section may be made in one (1) or more transactions.
(c) The city must use the real property for economic development projects.
(d) The conveyance or lease shall be made under terms and for the consideration that is agreed upon between the city and the state. However, the terms must require that all payments made under the conveyance or lease must be made directly to and for the use of the state institution.
As added by P.L.147-1993, SEC.1. Amended by P.L.120-1996, SEC.1.
2023 Indiana Code › Title 12. Human Services › Article 24. State Institutions › Chapter 18. Conveyance of Undeveloped Real Property of State Institutions in Certain Counties › 12-24-18-4. Lease Pending Conveyance of Real Property

Sec. 4. The state may lease any of the real property to the city pending the conveyance of the real property under this chapter.
As added by P.L.147-1993, SEC.1.
2023 Indiana Code › Title 12. Human Services › Article 24. State Institutions › Chapter 18. Conveyance of Undeveloped Real Property of State Institutions in Certain Counties › 12-24-18-5. Contracts Relating to Lease or Conveyance; Cash Rent of Farm Lands

Sec. 5. (a) The state may enter into appropriate contracts with the city related to the conveyance or lease of real property under this chapter.
(b) A contract entered into under this section or a deed given to the city to convey any of the real property under this chapter may contain any provision that the state considers necessary if the provision is consistent with this chapter.
(c) Notwithstanding any lease or conveyance authorized by this chapter, the state institution shall continue to cash rent the real property for farming purposes until the city actually begins development of the real property for an economic development project.
As added by P.L.147-1993, SEC.1.
2023 Indiana Code › Title 12. Human Services › Article 24. State Institutions › Chapter 18. Conveyance of Undeveloped Real Property of State Institutions in Certain Counties › 12-24-18-6. Laws Relating to State Contracts, Leases, and Conveyances; Applicability; Proceeds

Sec. 6. (a) Except as provided in this chapter, the procedures required by law for the state to:
(1) enter into contracts affecting the state's real property; or
(2) convey or lease the state's real property;
apply to a contract, conveyance, or lease under this chapter.
(b) Notwithstanding any other law, if the state sells or leases real property under this chapter, the proceeds from that sale or lease are reappropriated to the state institution.
(c) The proceeds from the sale or lease of real property under this chapter may not reduce the amount of state appropriations otherwise available to the state institution.
As added by P.L.147-1993, SEC.1. Amended by P.L.120-1996, SEC.2.
2023 Indiana Code › Title 12. Human Services › Article 24. State Institutions › Chapter 19. Community Care for Individuals With Mental Illness › 12-24-19-1. Applicability of Chapter

Sec. 1. (a) This chapter applies only to a patient who is transferred or discharged from a state institution administered by the division of mental health and addiction.
(b) This chapter does not apply to any of the following:
(1) An individual who is admitted to a state institution only for evaluation purposes.
(2) An individual who is incompetent to stand trial.
(3) An individual who has a developmental disability (as defined in IC 12-7-2-61).
(4) An individual in an alcohol and drug services program who is not concurrently diagnosed with a mental illness.
(5) An individual who has escaped from the facility to which the individual was involuntarily committed.
(6) An individual who was admitted to a facility for voluntary treatment and who has left the facility against the advice of the attending physician.
As added by P.L.40-1994, SEC.54. Amended by P.L.215-2001, SEC.70; P.L.99-2007, SEC.121.
2023 Indiana Code › Title 12. Human Services › Article 24. State Institutions › Chapter 19. Community Care for Individuals With Mental Illness › 12-24-19-3. Discharge or Transfer From Institution to Least Restrictive Setting

Sec. 3. A patient shall be discharged or transferred from a state institution to the least restrictive setting:
(1) when the discharge or transfer is appropriate to the patient's unique needs;
(2) to prevent unnecessary and inappropriate hospitalization; and
(3) in accordance with standards of professional practice.
As added by P.L.40-1994, SEC.54.
2023 Indiana Code › Title 12. Human Services › Article 24. State Institutions › Chapter 19. Community Care for Individuals With Mental Illness › 12-24-19-4. Continuum of Care

Sec. 4. Within the limits of appropriated funds, the division shall provide by written contract a continuum of care in the community for appropriate patients who are discharged or transferred under this chapter that does the following:
(1) Integrates services.
(2) Facilitates provision of appropriate services to patients.
(3) Ensures continuity of care, so that a patient is not discharged or transferred without adequate and appropriate community services.
(4) Provides services that:
(A) promote behavioral health; and
(B) prevent and treat mental illness and addiction.
As added by P.L.40-1994, SEC.54. Amended by P.L.143-2011, SEC.28.
2023 Indiana Code › Title 12. Human Services › Article 24. State Institutions › Chapter 19. Community Care for Individuals With Mental Illness › 12-24-19-5. Maximization of Funding

Sec. 5. To the extent possible, the director shall maximize the amount of federal funding and other nonstate funds available for providing the continuum of care in the community required by this chapter.
As added by P.L.40-1994, SEC.54.
2023 Indiana Code › Title 12. Human Services › Article 24. State Institutions › Chapter 19. Community Care for Individuals With Mental Illness › 12-24-19-6. Community Services

Sec. 6. The director shall do the following to facilitate the timely development and delivery of community services:
(1) Adopt rules under IC 4-22-2.
(2) Develop policies and administrative practices.
As added by P.L.40-1994, SEC.54.
2023 Indiana Code › Title 12. Human Services › Article 24. State Institutions › Chapter 19. Community Care for Individuals With Mental Illness › 12-24-19-7. Transitional Care

Sec. 7. (a) As used in this section, "transitional care" means temporary treatment services to facilitate an individual's:
(1) transfer from a mental health institution to a community residential setting; or
(2) discharge from a mental health institution.
(b) The transitional care program shall assist consumers in making a smooth adjustment to community living and operate in collaboration with a community mental health center of services in the consumer's home area.
(c) Resources for the program shall come from the total appropriation for the facility, and may be adjusted to meet the needs of consumer demand by the director.
(d) Each state institution administered by the division of mental health and addiction shall establish a transitional care program with adequate staffing patterns and employee skill levels for patients' transitional care needs where clinically appropriate.
(e) The transitional care program shall be staffed by transitional care specialists and at least one (1) transitional care case manager.
(f) A transitional care case manager must have at least a bachelor's degree and be trained in transitional care.
(g) Psychiatric attendants working in this program shall be trained, classified, and compensated as appropriate for a transitional care specialist.
As added by P.L.40-1994, SEC.54. Amended by P.L.215-2001, SEC.71; P.L.188-2013, SEC.17.
2023 Indiana Code › Title 12. Human Services › Article 25. Licensure of Private Mental Health Institutions › Chapter 1. Licensure Requirement › 12-25-1-1. Physicians Employed; Facilities and Accommodations

Sec. 1. A private institution for the treatment and care of individuals with psychiatric disorders, developmental disabilities, or convulsive disturbances must meet the following conditions:
(1) Employ physicians holding an unlimited license to practice medicine available for medical care that individuals may reasonably be expected to need.
(2) Have the facilities and accommodations that the individuals may reasonably be expected to need.
[Pre-1992 Revision Citation: 16-13-2-2 part.]
As added by P.L.2-1992, SEC.19. Amended by P.L.210-2015, SEC.61.
2023 Indiana Code › Title 12. Human Services › Article 25. Licensure of Private Mental Health Institutions › Chapter 1. Licensure Requirement › 12-25-1-2. Standards of Treatment and Care

Sec. 2. The standards of treatment and care to be maintained must be appropriate under existing knowledge of the needs of the individuals, as determined by the secretary. The secretary shall prescribe minimum standards for the private institutions and for the care and treatment provided in the private institutions as set forth in IC 12-21-2-3(5).
[Pre-1992 Revision Citation: 16-13-2-2 part.]
As added by P.L.2-1992, SEC.19. Amended by P.L.35-2016, SEC.62.
2023 Indiana Code › Title 12. Human Services › Article 25. Licensure of Private Mental Health Institutions › Chapter 1. Licensure Requirement › 12-25-1-3. License Required to Establish, Conduct, Operate, or Maintain Institution

Sec. 3. A person must hold a license issued by the secretary or the secretary's designee to establish, conduct, operate, or maintain a private institution under any name for the treatment and care of individuals with psychiatric disorders, developmental disabilities, convulsive disturbances, or other abnormal mental conditions.
[Pre-1992 Revision Citation: 16-13-2-3.]
As added by P.L.2-1992, SEC.19. Amended by P.L.35-2016, SEC.63.
2023 Indiana Code › Title 12. Human Services › Article 25. Licensure of Private Mental Health Institutions › Chapter 1. Licensure Requirement › 12-25-1-4. License Application; Form; Showing Required

Sec. 4. To obtain a license, an applicant must submit an application on a form prepared by the director showing that the applicant is of reputable and responsible character and able to comply with the following:
(1) The minimum standards for the institution.
(2) Rules adopted under IC 12-21-2-3(5).
[Pre-1992 Revision Citation: 16-13-2-3(a) part.]
As added by P.L.2-1992, SEC.19.
2023 Indiana Code › Title 12. Human Services › Article 25. Licensure of Private Mental Health Institutions › Chapter 1. Licensure Requirement › 12-25-1-5. License Application; Additional Information

Sec. 5. An application must contain the following additional information:
(1) The name of the applicant.
(2) The type of institutions to be operated.
(3) The location of the institution.
(4) The name of the person to be in charge of the institution.
(5) Any other information the director requires.
[Pre-1992 Revision Citation: 16-13-2-3(a) part.]
As added by P.L.2-1992, SEC.19.