reglab/statecodes huggingface dataset:
Indiana Administrative Code › Title 440 - DIVISION OF MENTAL HEALTH AND ADDICTION › Article 4.4 - ADDICTION TREATMENT SERVICES PROVIDER CERTIFICATION › Rule 2 - Certification of Addiction Service Providers › Section 2-3 - Regular certification

Current through July 10, 2024
Authority: IC  12-23-1-6
Affected: IC  12-23-1-6
Sec. 3.
(a) To be certified and to maintain regular certification as an addiction treatment services provider, the entity must maintain accreditation from an accrediting agency approved by the division.
(b) The application for regular certification as an addiction treatment services provider must include the following:
(1) Proof of accreditation.
(2) Site survey recommendations from the accrediting agency.
(3) The applicant's responses to the site survey recommendations.
Indiana Administrative Code › Title 440 - DIVISION OF MENTAL HEALTH AND ADDICTION › Article 4.4 - ADDICTION TREATMENT SERVICES PROVIDER CERTIFICATION › Rule 2 - Certification of Addiction Service Providers › Section 2-3.5 - Temporary certification

Current through July 10, 2024
Authority: IC  12-23-1-6
Affected: IC  12-23-1-6
Sec. 3.5.
(a) If the entity that has applied for regular certification is not yet accredited as an addiction treatment services provider, the entity must meet the requirement that at least one (1) of the direct service providers must be specifically credentialed in addictions counseling by a credentialing body approved by the division.
(b) Temporary certification may be issued for twelve (12) months. Prior to the expiration of the temporary certification, the entity must provide proof of application to an accrediting body approved by the division.
(c) If the applicant fails to provide proof of application to an accrediting body, or fails to maintain at least one (1) direct service provider credentialed in addictions counseling, the applicant may not reapply for regular certification until twelve (12) months after the temporary certification ends.
(d) Upon the verification of the application for accreditation, and continuing to meet the requirements set forth in this section, the temporary certification may be extended for no more than twelve (12) additional months.
(e) Before the extended temporary certification expires, the applicant must forward to the division the following:
(1) Proof of accreditation.
(2) Site survey recommendations from the accrediting agency.
(3) The applicant's responses to the site survey recommendations.
(4) Any other materials requested by the division as a part of the application process.
Indiana Administrative Code › Title 440 - DIVISION OF MENTAL HEALTH AND ADDICTION › Article 4.4 - ADDICTION TREATMENT SERVICES PROVIDER CERTIFICATION › Rule 2 - Certification of Addiction Service Providers › Section 2-4 - Outpatient certification

Current through July 10, 2024
Authority: IC  12-23-1-6
Affected: IC  25-22.5-2; IC  25-23-1; IC 25-23.6; IC 25-33
Sec. 4.
(a) If an entity has ten (10) or fewer, full-time or part-time, direct service providers, and meets the other criteria in this article, the entity may receive an outpatient certification from the division.
(b) The entity must provide a list of all direct service providers, including name, educational level, any degrees obtained, proof of current individual licensure or endorsement from a division approved credentialing body.
(c) At least fifty percent (50%) of the direct service providers must be licensed or credentialed as follows:
(1) A licensed clinical social worker, a licensed mental health counselor, or a licensed marriage and family therapist.
(2) A psychologist (IC 25-33).
(3) A physician (IC  25-22.5-2 ).
(4) An advanced practice nurse or certified nursing specialist (IC  25-23-1 ).
(5) An individual credentialed in addictions counseling by a credentialing body approved by the division.
Indiana Administrative Code › Title 440 - DIVISION OF MENTAL HEALTH AND ADDICTION › Article 4.4 - ADDICTION TREATMENT SERVICES PROVIDER CERTIFICATION › Rule 2 - Certification of Addiction Service Providers › Section 2-4.5 - Uniform criteria for programs that are certified as outpatient under section 4 of this rule

Current through July 10, 2024
Authority: IC 12-23-1-6
Affected: IC 12-23-4-5
Sec. 4.5.
(a) Each outpatient certified program shall provide at least outpatient treatment services and may provide intensive outpatient treatment services to those individuals whose assessments indicate a need for these services.
(b) If an outpatient certified program has or holds itself out as having intensive outpatient treatment services, it shall meet the requirements at 440 IAC 4.4-1-1(12).
(c) Each program shall have specific minimum admission criteria, including the following:
(1) The consumer has a documented history of current excessive use of alcohol or other drugs.
(2) The individual is experiencing significant functional impairments in one (1) or more of the following areas:
(A) Activities of daily living.
(B) Interpersonal functioning.
(C) Psychological functioning.
(D) Ability to live without recurrent abuse of chemicals.
(3) The program shall consider whether the consumer has adequate support systems to foster recovery.
(4) There are no presenting medical or unstable psychiatric conditions that would preclude the consumer's participation in this level of treatment.
(5) A more intensive level of treatment is not indicated from the intake and assessment.
Indiana Administrative Code › Title 440 - DIVISION OF MENTAL HEALTH AND ADDICTION › Article 4.4 - ADDICTION TREATMENT SERVICES PROVIDER CERTIFICATION › Rule 2 - Certification of Addiction Service Providers › Section 2-5 - Maintenance of certification

Current through July 10, 2024
Authority: IC  12-23-1-6
Affected: IC  12-23-1-6
Sec. 5.
Maintenance of certification is dependent upon the following:
(1) For regular certification, the entity shall maintain accreditation from an approved accrediting agency.
(2) For temporary certification, the entity shall do the following:
(A) Fulfill the requirements regarding direct service provider credentials.
(B) If, for more than thirty (30) days, there is no direct service provider who has a specific addictions counseling credential the entity must immediately notify the division with a plan of correction.
(C) The division may continue the certification for another sixty (60) days while the entity comes into compliance with the requirements.
Indiana Administrative Code › Title 440 - DIVISION OF MENTAL HEALTH AND ADDICTION › Article 4.4 - ADDICTION TREATMENT SERVICES PROVIDER CERTIFICATION › Rule 2 - Certification of Addiction Service Providers › Section 2-6 - Notification of changes

Current through July 10, 2024
Authority: IC  12-23-1-6
Affected: IC 12-27
Sec. 6.
(a) An entity which is certified under this article must notify the division, in writing, of any of the following:
(1) Change in location of any of the addiction treatment services operational sites, including additions, deletions, and expansion.
(2) Changes in the addiction treatment services provided or changes in the populations served.
(3) Change in ownership.
(4) The violation of health, fire, or safety codes as prescribed by federal and state laws.
(5) Documented violation of a consumer's rights under IC 12-27 and under 42 CFR 2.
Indiana Administrative Code › Title 440 - DIVISION OF MENTAL HEALTH AND ADDICTION › Article 4.4 - ADDICTION TREATMENT SERVICES PROVIDER CERTIFICATION › Rule 2 - Certification of Addiction Service Providers › Section 2-7 - Renewal of certification

Current through July 10, 2024
Authority: IC  12-23-1-6
Affected: IC  12-23-1-6
Sec. 7.
(a) To renew certification under this article, the provider shall submit a request for certification thirty (30) days prior to the expiration of the application on a form prepared by the division, which shall consist of all materials requested by the division, including the following:
(1) For regular certification, proof of accreditation, including the most recent site survey recommendations and the entity's response to these recommendations.
(2) For outpatient certification, the following:
(A) Proof of current licensure or credential of individual direct service providers.
(B) Proof of compliance with the uniform criteria for outpatient programs, set forth at section 4.5 of this rule.
Indiana Administrative Code › Title 440 - DIVISION OF MENTAL HEALTH AND ADDICTION › Article 4.4 - ADDICTION TREATMENT SERVICES PROVIDER CERTIFICATION › Rule 2 - Certification of Addiction Service Providers › Section 2-8 - Conditional status for regular and outpatient certification

Current through July 10, 2024
Authority: IC  12-23-1-6
Affected: IC  12-23-1-6
Sec. 8.
(a) The division shall issue a conditional status under this article upon the division's investigation and determination of any of the following conditions:
(1) A substantive change in the entity's accreditation status other than revocation of the accreditation.
(2) Failure of the entity to renew accreditation within ninety (90) days following expiration of the entity's current accreditation by the entity's accrediting agency.
(3) Failure to comply with this article.
(4) Any conduct or practice in the operations of the entity that is found by the division to be detrimental to the welfare of persons served by the organization.
(5) The physical safety of the consumers or staff of the entity is compromised by a physical or sanitary condition of a physical facility of the entity.
(6) Violation of a federal or state statute, rule, or regulation in the course of the operation of the entity.
Indiana Administrative Code › Title 440 - DIVISION OF MENTAL HEALTH AND ADDICTION › Article 4.4 - ADDICTION TREATMENT SERVICES PROVIDER CERTIFICATION › Rule 2 - Certification of Addiction Service Providers › Section 2-9 - Termination of certification

Current through July 10, 2024
Authority: IC  12-23-1-6
Affected: IC  12-23-1-6
Sec. 9.
(a) The division shall terminate the certification of the entity if the following occurs:
(1) The entity's accreditation is revoked.
(2) The entity that has a conditional status does not meet the requirements of the division within the period of time required.
(3) The entity fails to provide proof of application for accreditation prior to the expiration of the initial temporary certification.
(4) The entity fails to become accredited within twenty-four (24) months of receiving a temporary certification.
Indiana Administrative Code › Title 440 - DIVISION OF MENTAL HEALTH AND ADDICTION › Article 4.4 - ADDICTION TREATMENT SERVICES PROVIDER CERTIFICATION › Rule 2 - Certification of Addiction Service Providers › Section 2-10 - Transfer of certification

Current through July 10, 2024
Authority: IC  12-23-1-6
Affected: IC  12-23-1-6
Sec. 10.
An entity certified under this article may not transfer its certification to another legal entity.
Indiana Administrative Code › Title 440 - DIVISION OF MENTAL HEALTH AND ADDICTION › Article 4.4 - ADDICTION TREATMENT SERVICES PROVIDER CERTIFICATION › Rule 2 - Certification of Addiction Service Providers › Section 2-11 - Appeals

Current through July 10, 2024
Authority: IC  12-23-1-6
Affected: IC  4-21.5-3
Sec. 11.
A party who is aggrieved by any adverse action taken under this rule may appeal under IC  4-21.5-3.
Indiana Administrative Code › Title 440 - DIVISION OF MENTAL HEALTH AND ADDICTION › Article 5 - COMMUNITY CARE › Rule 1 - Community Care for Transferred or Discharged Individuals › Section 1-1 - Applicability

Current through July 10, 2024
Authority: IC  12-8-1.5-9; IC  12-24-19-6
Affected: IC  11-10-4; IC  12-7-2-61; IC  12-24-19; IC 12-26; IC  35-36-2-4; IC  35-36-3; IC  35-41-1
Sec. 1.
(a) This rule applies only to a patient who is transferred or discharged from a state institution administered by the division of mental health after the effective date of this rule.
(b) This rule 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 under IC  35-36-3.
(3) 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.
(4) 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.
(5) An individual placed under the supervision of the division for addictions treatment under IC  12-23-7
[IC  12-23-7 was repealed by P.L. 113-2014, SECTION 38, effective July 1, 2014.]
and IC  12-23-8
[IC  12-23-8 was repealed by P.L. 113-2014, SECTION 39, effective July 1, 2014.]
.
(6) An individual transferred from the department of correction under IC  11-10-4.
(7) An individual who has a developmental disability as defined in IC  12-7-2-61.
(8) An individual in an alcohol and drug services program who is not concurrently diagnosed as mentally ill.
(9) An individual who has escaped from the facility to which the individual was involuntarily committed.
(10) An individual who was admitted to a state institution for voluntary treatment and who has left the state institution against the advice of the attending physician.
Indiana Administrative Code › Title 440 - DIVISION OF MENTAL HEALTH AND ADDICTION › Article 5 - COMMUNITY CARE › Rule 1 - Community Care for Transferred or Discharged Individuals › Section 1-2 - Definitions

Current through July 10, 2024
Authority: IC  12-8-1.5-9; IC  12-24-19-6
Affected: IC  12-21-2-3; IC 12-21-2-7; IC 12-24-19; IC 12-26-6; IC 12-26-7; IC 23-17
Sec. 2.
The following definitions apply throughout this rule:
(1) "Consumer" means an adult or child who has been discharged or transferred from a state institution administered by the division of mental health and addiction to which the individual was admitted for voluntary treatment or was involuntarily committed.
(2) "Discharged from a state institution" means the final and complete release of an individual with mental illness from the care, treatment, training, or detention at a state facility operated by the division of mental health and addiction to which the individual was admitted for voluntary treatment or was involuntarily committed. The term does not include an individual whose commitment is transferred to another state institution.
(3) "Discharged from commitment" means that the court has entered an order terminating a commitment on an individual.
(4) "Gatekeeper" means the following:
(A) The community mental health center which facilitated the consumer's entry into the state institution after July 1, 1994.
(B) For consumers who entered the state institution before July 1, 1994, the community mental health center which would have been designated to facilitate the consumer's entry into the state institution if the consumer had entered the institution after July 1, 1994.
(C) The community mental health center or managed care provider that agrees to accept the gatekeeper function for a particular patient when the original gatekeeper agrees to transfer that function and, when doing so, it is in the best interest of the consumer.
Indiana Administrative Code › Title 440 - DIVISION OF MENTAL HEALTH AND ADDICTION › Article 5 - COMMUNITY CARE › Rule 1 - Community Care for Transferred or Discharged Individuals › Section 1-3 - Role of the gatekeeper

Current through July 10, 2024
Authority: IC  12-8-1.5-9; IC  12-24-19-6
Affected: IC  12-24-12; IC  12-24-19
Sec. 3.
The gatekeeper's role is the following:
(1) To facilitate the consumer's entry into a state institution.
(2) To participate as a member of the treatment team.
(3) To facilitate and plan, together with the consumer and the state institution, the consumer's transition to the least restrictive appropriate setting.
Indiana Administrative Code › Title 440 - DIVISION OF MENTAL HEALTH AND ADDICTION › Article 5 - COMMUNITY CARE › Rule 1 - Community Care for Transferred or Discharged Individuals › Section 1-3.5 - Gatekeeper's role during the time the individual is in the state-operated facility

Current through July 10, 2024
Authority: IC  12-8-1.5-9; IC  12-24-19-6
Affected: IC  12-24-12; IC  12-24-19
Sec. 3.5.
After an adult or child is admitted to a state-operated facility, the gatekeeper shall do the following:
(1) Have a face-to-face meeting with the individual within thirty (30) days of admission and at least every ninety (90) days thereafter, to evaluate treatment progress, and discuss discharge planning.
(2) Communicate with the family or guardian of a child within thirty (30) days of admission and at least every ninety (90) days thereafter, to discuss the treatment plan, evaluate treatment progress, and discuss discharge planning.
(3) Communicate with the treatment team at the state-operated facility within thirty (30) days of admission and at least every ninety (90) days thereafter, to discuss the treatment plan, evaluate treatment progress, and discuss discharge planning.
(4) Provide notice of the date for the planned community placement to the treatment team and the individual at least two (2) weeks prior to the anticipated community placement.
(5) Document face-to-face visits with the individual and contact with the treatment team at the state-operated facility and in the gatekeeper's record.
Indiana Administrative Code › Title 440 - DIVISION OF MENTAL HEALTH AND ADDICTION › Article 5 - COMMUNITY CARE › Rule 1 - Community Care for Transferred or Discharged Individuals › Section 1-4 - When patients shall be discharged or transferred

Current through July 10, 2024
Authority: IC  12-8-1.5-9; IC  12-24-19-6
Affected: IC  12-24-12; IC  12-24-19
Sec. 4.
(a) A patient shall be discharged or transferred from a state institution when the gatekeeper and the state institution agree that the following conditions are met:
(1) The discharge or transfer is appropriate to the consumer's unique needs.
(2) The discharge or transfer is in accordance with:
(A) standards of professional practice; and
(B) applicable state and federal law.
Indiana Administrative Code › Title 440 - DIVISION OF MENTAL HEALTH AND ADDICTION › Article 5 - COMMUNITY CARE › Rule 1 - Community Care for Transferred or Discharged Individuals › Section 1-5 - Rights of consumers

Current through July 10, 2024
Authority: IC  12-8-1.5-9; IC  12-24-19-6
Affected: IC  12-24-12; IC  12-24-19; IC 12-27
Sec. 5.
(a) This rule does not affect the rights enumerated in IC 12-27.
(b) The consumer who has been discharged from a commitment has the right to choose a nonstate funded provider of community care services.
(c) If the consumer chooses a provider who is not state funded, the consumer must pay for the consumer's own care.
(d) The consumer shall be requested to sign a release of information for the gatekeeper to obtain reports from the provider in accordance with IC  12-24-12 to assure that the consumer is receiving community care.
Indiana Administrative Code › Title 440 - DIVISION OF MENTAL HEALTH AND ADDICTION › Article 6 - RESIDENTIAL CARE PROVIDERS; CERTIFICATION › Rule 1 - Definitions › Section 1-1 - Definitions

Current through July 10, 2024
Authority: IC 12-21-2-3
Affected: IC 12-7-2-40.6; IC 12-21-2-7; IC 12-22-2; IC 23-17
Sec. 1.
The following definitions apply throughout this article:
(1) "Annual assessment" means a written summary of a residential provider's successes and failures in achieving the fiscal and clinical goals established by the governing board.
(2) "Certification" means the process used by the division to document a residential care provider's compliance with the statutory and regulatory requirements for operation as a residential care provider, including the issuance of a certificate if the residential care provider is found to comply with the requirements in this article.
(3) "Conflict of interest" means activity of an individual (usually related to work or ownership) that is or runs the risk of being an oppositional interest to another interest or activity of the same individual thereby jeopardizing the ability of the individual to act in the best interest of one (1) of the activities.
(4) "Consumer" means a primary consumer.
(5) "Division" means the division of mental health and addiction.
(6) "Managed care provider" means an organization:
(A) that:
(i) for mental health services, is defined under 42 U.S.C. 300x-2(c);
(ii) provides addiction services; or
(iii) provides children's mental health services;
Indiana Administrative Code › Title 440 - DIVISION OF MENTAL HEALTH AND ADDICTION › Article 6 - RESIDENTIAL CARE PROVIDERS; CERTIFICATION › Rule 2 - Certification of Residential Care Providers › Section 2-1 - Scope

Current through July 10, 2024
Authority: IC 12-21-2-3
Affected: IC 12-7-2-127; IC 12-21-2-7; IC 12-22-2
Sec. 1.
(a) Community mental health centers, which are certified by the division under 440 IAC 4.1, are deemed to also be certified as residential care providers.
(b) Entities certified by the division as managed care providers under 440 IAC 4.3 are deemed to also be certified as residential care providers.
(c) Entities certified by the division as having a regular certification as addiction services providers under 440 IAC 4.4-2-3 are deemed to also be certified as residential care providers.
Indiana Administrative Code › Title 440 - DIVISION OF MENTAL HEALTH AND ADDICTION › Article 6 - RESIDENTIAL CARE PROVIDERS; CERTIFICATION › Rule 2 - Certification of Residential Care Providers › Section 2-2 - Certification by the division

Current through July 10, 2024
Authority: IC  12-21-2-3
Affected: IC  12-21-2-7; IC  12-22-2
Sec. 2.
(a) Before an entity may operate a supervised group living facility, a semi-independent living program, a sub-acute stabilization facility, a transitional residential facility, or an alternative family for adults program, the entity must be certified by the division as one (1) of the following:
(1) A managed care provider.
(2) A community mental health center.
(3) An addiction services provider with a regular certification.
(4) A residential care provider under this article.
Indiana Administrative Code › Title 440 - DIVISION OF MENTAL HEALTH AND ADDICTION › Article 6 - RESIDENTIAL CARE PROVIDERS; CERTIFICATION › Rule 2 - Certification of Residential Care Providers › Section 2-3 - Organizational standards and requirements

Current through July 10, 2024
Authority: IC  12-21-2-3
Affected: IC  12-21-2-7; IC  12-22-2
Sec. 3.
(a) The organization shall have a governing board.
(b) The purpose of the governing board is to make policy and to assure the effective implementation of the policy.
(c) The governing board shall meet the following criteria:
(1) The governing board shall be composed of at least five (5) individuals.
(2) At least one (1) member shall be a primary or secondary consumer.
(3) At least one (1) member shall be licensed by the health professions bureau as a physician or health services professional in psychology.
Indiana Administrative Code › Title 440 - DIVISION OF MENTAL HEALTH AND ADDICTION › Article 6 - RESIDENTIAL CARE PROVIDERS; CERTIFICATION › Rule 2 - Certification of Residential Care Providers › Section 2-4 - Certification

Current through July 10, 2024
Authority: IC  12-21-2-3
Affected: IC  12-21-2-7; IC  12-22-2
Sec. 4.
(a) Before commencing services, an applicant for certification as a residential care provider shall file an application with the division. The application shall contain the following:
(1) A description of the organizational structure and mission of the applicant.
(2) A description of services to be provided and how the organization will provide them.
(3) A list of governing board members and executive staff.
(4) Proof of general liability insurance coverage in the minimum amount of five hundred thousand dollars ($500,000) for bodily injury and property damage.
(5) A copy of the applicant's procedures to ensure protection of resident rights and confidentiality.
(6) The most recent audit of the residential care provider, which shall be prepared by an independent certified public accountant.
(7) Copies of the current professional health provider license of a board member and the professional services director.
Indiana Administrative Code › Title 440 - DIVISION OF MENTAL HEALTH AND ADDICTION › Article 6 - RESIDENTIAL CARE PROVIDERS; CERTIFICATION › Rule 2 - Certification of Residential Care Providers › Section 2-5 - Maintenance of certification

Current through July 10, 2024
Authority: IC  12-21-2-3
Affected: IC  12-21-2-7; IC  12-22-2
Sec. 5.
Maintenance of certification is dependent upon the following:
(1) The organization shall purchase and maintain general liability insurance in the minimum amount of five hundred thousand dollars ($500,000) for bodily injury and property damage.
(2) An audit of the financial operations of the organization shall be performed annually by an independent certified public accountant.
(3) The organization shall have written policies and enforce these policies to support and protect the fundamental human, civil, constitutional, and statutory rights of each consumer. The organization shall give a written statement of rights to each consumer, and, in addition, the organization shall document that organization staff provides an oral explanation of these rights to each consumer.
(4) The organization shall maintain compliance with required health, fire, and safety codes as prescribed by federal and state law.
(5) The organization shall comply with federal and state law regarding residential care providers.
(6) The residential care provider shall meet all the requirements regarding the specific facility for which they are certified or licensed.
Indiana Administrative Code › Title 440 - DIVISION OF MENTAL HEALTH AND ADDICTION › Article 6 - RESIDENTIAL CARE PROVIDERS; CERTIFICATION › Rule 2 - Certification of Residential Care Providers › Section 2-6 - Notification of changes

Current through July 10, 2024
Authority: IC  12-21-2-3
Affected: IC  12-21-2-7; IC  12-22-2
Sec. 6.
An organization must notify the division, in writing, of any of the following:
(1) Change in the location of the organization's operational site.
(2) Change in the president or treasurer of the governing board.
(3) Change in the chief executive officer of the organization or professional services director.
(4) Substantial change in the primary program focus.
(5) The initiation of bankruptcy proceedings.
(6) The documented violation of health, fire, or safety codes as prescribed by federal and state law.
(7) The documented violation of the rights of an individual who is a client of the residential provider.
Indiana Administrative Code › Title 440 - DIVISION OF MENTAL HEALTH AND ADDICTION › Article 6 - RESIDENTIAL CARE PROVIDERS; CERTIFICATION › Rule 2 - Certification of Residential Care Providers › Section 2-7 - Renewal of certification

Current through July 10, 2024
Authority: IC  12-21-2-3
Affected: IC  12-21-2-7; IC  12-22-2
Sec. 7.
(a) An organization shall submit a request for recertification, including the following:
(1) Proof of liability insurance in the amount required by the division.
(2) Proof of compliance with applicable health, fire, and safety codes as prescribed by federal and state law.
(3) Copy of the most recent annual audit and the management letter.
(4) Copies of current professional health provider license of a board member and the professional services director.
Indiana Administrative Code › Title 440 - DIVISION OF MENTAL HEALTH AND ADDICTION › Article 6 - RESIDENTIAL CARE PROVIDERS; CERTIFICATION › Rule 2 - Certification of Residential Care Providers › Section 2-8 - Termination of certification

Current through July 10, 2024
Authority: IC  12-21-2-3
Affected: IC  12-21-2-7; IC  12-22-2
Sec. 8.
The division may terminate certification issued under this article upon the division's investigation and determination of the following:
(1) A substantive change in the operation of the organization.
(2) Failure to comply with this article.
(3) That the physical safety of the consumers or staff of the organization is compromised by a physical or sanitary condition of the organization or of a physical facility of the organization.
(4) Violation of a federal or state statute, rule, or regulation in the course of the operation of the organization or its facilities.
Indiana Administrative Code › Title 440 - DIVISION OF MENTAL HEALTH AND ADDICTION › Article 6 - RESIDENTIAL CARE PROVIDERS; CERTIFICATION › Rule 2 - Certification of Residential Care Providers › Section 2-9 - Notification of termination

Current through July 10, 2024
Authority: IC  12-21-2-3
Affected: IC  12-21-2-7; IC  12-22-2
Sec. 9.
The division shall notify the Indiana department of administration that the organization's certification has been terminated so that any other state agency having a contract with the organization may be notified of the division's termination of the organization's certification.
Indiana Administrative Code › Title 440 - DIVISION OF MENTAL HEALTH AND ADDICTION › Article 6 - RESIDENTIAL CARE PROVIDERS; CERTIFICATION › Rule 2 - Certification of Residential Care Providers › Section 2-10 - Transfer of certification

Current through July 10, 2024
Authority: IC  12-21-2-3
Affected: IC  12-21-2-7; IC  12-22-2
Sec. 10.
A organization may not transfer its certification to another entity.
Indiana Administrative Code › Title 440 - DIVISION OF MENTAL HEALTH AND ADDICTION › Article 7.5 - RESIDENTIAL LIVING FACILITIES FOR INDIVIDUALS WITH PSYCHIATRIC DISORDERS OR ADDICTIONS › Rule 1 - Definitions › Section 1-1 - Definitions

Current through July 10, 2024
Authority: IC 12-21-2-3
Affected: IC 12-7-2-40.6; IC 12-21-2-7; IC 12-23-17; IC
				  12-24-12-2; IC 12-24-12-10; IC 12-26; IC 16-36-1; IC 23-17; IC 30-5-5-16;
				  42 U.S.C.
				  300x-2(c)
Sec. 1.
The following definitions apply throughout this
				  article:
(1) "Addiction" means
				alcoholism or addiction to:
(A) narcotic or
				other drugs; or
(B)
				gambling.
Indiana Administrative Code › Title 440 - DIVISION OF MENTAL HEALTH AND ADDICTION › Article 7.5 - RESIDENTIAL LIVING FACILITIES FOR INDIVIDUALS WITH PSYCHIATRIC DISORDERS OR ADDICTIONS › Rule 2 - Requirements for All Residential Living Facilities in this Article › Section 2-1 - General overview

Current through July 10, 2024
Authority: IC 12-21-2-3
Affected: IC 12-7-2-70; IC 12-20-17-2; IC 12-22-2-11; IC
				  12-30-3; IC 16-28
Sec. 1.
The following is a general overview of the requirements for
				  residential facilities under this article:
CMHCs and MCPs ONLY
ALL AGENCIES
ISSUE
SILP
AFA
TRS
SGL
SUB-ACUTE
Covers/affects
MCP/CMHC
MCP/CMHC
All
All
All
Licensed/ certified by
Agency
Agency
Agency
DMH
DMH
Certification time
24 months
24 months
24 months
3 years
3 years
Site accredited
No
No
15/less No-16+ Yes
Yes
Yes
Beds
Maximum 6 Per residence
Maximum 6 per householder
Maximum 15 (can be waived)
10 single family 15 apartment/ congregate
Minimum 4 Maximum 15 (can be waived)
Locked egress allowed
No
No
No
No
Yes*
Floor plan
No
No
No
Yes
Yes
Space per consumer
80' single
80' single
80' single
80' single
80' single
60' multiple
60' multiple/2
60' multiple
60' multiple
60' multiple
Children of resident allowed?
Yes
Yes
Yes
Yes
No
Plumbing
4 per toilet 6 per tub/shower
4 per toilet 6 per tub/shower
4 per toilet 6 per tub/shower
4 per toilet 6 per tub/shower
4 per toilet 6 per tub/shower
Setting-House
Yes
Yes
Yes
Yes
Yes
Apartment
Yes
Yes
Yes
Yes
No
Congregate
No
No
Yes
Yes
Yes
Mobile home
No unless waiver
No unless waiver
No
No
No
Fire/safety inspections by
Local
Local, 4+, SFM
15/less Local with waiver, 16+ SFM
State fire marshal
State fire marshal
PROGRAM
Minimum oversight
1 hour per week
2 hours per month
Less than 24 hours
24 hours
24 hours
Residential living allowance allowed
Yes
Yes
Yes
Yes
No
Length of stay limit
No
No
No
No
Up to 1 year
Medication rules
Yes
Yes
Yes
Yes
Yes
TB test-resident
Yes
Yes
Yes
Yes
Yes
Seclusion
No
No
No
No
Yes
Restraint-Chemical
No
No
No
No
No
Physical
No
No
No
No
Yes
*Applies only to sub-acute stabilization facilities that meet
				  the fire prevention and building safety commission requirements for an I-3
				  occupancy as adopted by reference under
				  675 IAC
				  13-2.4-1(a).
Applies to both seriously mentally ill adults and persons
				  with chronic addiction.
Indiana Administrative Code › Title 440 - DIVISION OF MENTAL HEALTH AND ADDICTION › Article 7.5 - RESIDENTIAL LIVING FACILITIES FOR INDIVIDUALS WITH PSYCHIATRIC DISORDERS OR ADDICTIONS › Rule 2 - Requirements for All Residential Living Facilities in this Article › Section 2-2 - Application of article

Current through July 10, 2024
Authority: IC
				  12-21-2-3
Affected: IC
				  12-7-2-70; IC
				  12-20-17-2; IC
				  12-22-2-11; IC
				  12-30-3; IC 16-28
Sec. 2.
(a) This rule
				applies to the following:
(1) Providers of
				residential living facilities, including:
(A)
				agencies; and
(B) alternative
				family householders.
Indiana Administrative Code › Title 440 - DIVISION OF MENTAL HEALTH AND ADDICTION › Article 7.5 - RESIDENTIAL LIVING FACILITIES FOR INDIVIDUALS WITH PSYCHIATRIC DISORDERS OR ADDICTIONS › Rule 2 - Requirements for All Residential Living Facilities in this Article › Section 2-3 - Administration

Current through July 10, 2024
Authority: IC
				  12-21-2-3
Affected: IC 16-39;
				  42 CFR
				  2
Sec. 3.
(a)
				Residential living facilities under this article must be administered by an
				agency certified by the division as a community mental health center, a managed
				care provider, a residential care provider, or an addiction services provider
				with a regular certification.
(b)
				The agency shall have a written facility description that must be available to
				staff, residents, and members of the public. The description must include the
				following:
(1) Services offered by the
				facility.
(2) The resident
				populations to be served.
(3)
				Admissions, transfer, and discharge criteria.
(4) Facility goals, including staffing
				positions to accomplish these goals, and community resources that will be
				utilized to meet the residents' needs.
(5) Facility philosophy and treatment
				orientation.
Indiana Administrative Code › Title 440 - DIVISION OF MENTAL HEALTH AND ADDICTION › Article 7.5 - RESIDENTIAL LIVING FACILITIES FOR INDIVIDUALS WITH PSYCHIATRIC DISORDERS OR ADDICTIONS › Rule 2 - Requirements for All Residential Living Facilities in this Article › Section 2-4 - Reporting

Current through July 10, 2024
Authority: IC
				  12-21-2-3
Affected: IC
				  12-22-2-3
Sec. 4.
(a) The
				agency must notify the division prior to operating, building, or purchasing a
				facility that must be licensed or certified by the division under this article.
(b) The agency must notify the
				division regarding the following changes prior to making such changes:
(1) Proposed change in ownership.
(2) Proposed major changes in services
				offered, including the proposed closing of a facility.
Indiana Administrative Code › Title 440 - DIVISION OF MENTAL HEALTH AND ADDICTION › Article 7.5 - RESIDENTIAL LIVING FACILITIES FOR INDIVIDUALS WITH PSYCHIATRIC DISORDERS OR ADDICTIONS › Rule 2 - Requirements for All Residential Living Facilities in this Article › Section 2-5 - Admissions

Current through July 10, 2024
Authority: IC
				  12-21-2-3
Affected: IC
				  12-22-2-3
Sec. 5.
(a) The
				agency must have written policies and procedures that govern admissions in a
				residential living facility.
(b)
				The agency must assure that the services required by the individual's treatment
				plan can be appropriately provided by the facility or by contractual agreement.
(c) There shall be an orientation
				procedure for the resident that:
(1)
				specifies the arrangements and charges for housing, food, and professional
				services; and
(2) includes a
				written copy of the facility's statement of rules, resident rights and
				responsibilities, confidentiality, grievance procedures, and termination
				policy.
Indiana Administrative Code › Title 440 - DIVISION OF MENTAL HEALTH AND ADDICTION › Article 7.5 - RESIDENTIAL LIVING FACILITIES FOR INDIVIDUALS WITH PSYCHIATRIC DISORDERS OR ADDICTIONS › Rule 2 - Requirements for All Residential Living Facilities in this Article › Section 2-6 - Resident rights and responsibilities

Current through July 10, 2024
Authority: IC
				  12-21-2-3
Affected: IC 12-21-2-3; IC 12-27; IC
				  16-39-2;
				  42 CFR
				  2
Sec. 6.
(a) The
				agency shall have and enforce written policies regarding the rights and
				responsibilities of residents under IC 12-27 and this article.
(b) In addition to the rights and
				responsibilities listed in IC 12-27, the agency shall ensure that each
				resident:
(1) is in a safe environment and is
				free from abuse and neglect;
(2) is
				treated with consideration, respect, and full recognition of the resident's
				dignity and individuality;
(3) is
				free to communicate, associate, and meet privately with persons of the
				resident's choice unless:
(A) it infringes on
				the rights of another resident; or
(B) the restriction of this right is a part
				of the resident's individual treatment plan;
(4) has the right to confidentiality
				concerning personal information under IC
				16-39-2 and
				42 CFR
				2;
(5) is free to voice grievances and to
				recommend changes in the policies and services offered by the agency;
(6) is not required to participate
				in research projects;
(7) has the
				right to manage personal financial affairs or to seek assistance in managing
				them unless the resident has a representative payee or a court appointed
				guardian for financial matters;
(8)
				shall be informed about available legal and advocacy services, and may contact
				or consult legal counsel at the resident's own expense; and
(9) shall be informed of the division's toll
				free consumer service number.
Indiana Administrative Code › Title 440 - DIVISION OF MENTAL HEALTH AND ADDICTION › Article 7.5 - RESIDENTIAL LIVING FACILITIES FOR INDIVIDUALS WITH PSYCHIATRIC DISORDERS OR ADDICTIONS › Rule 2 - Requirements for All Residential Living Facilities in this Article › Section 2-7 - Resident finances

Current through July 10, 2024
Authority: IC
				  12-21-2-3
Affected: IC
				  12-21-2-3
Sec. 7.
Each agency shall develop and implement written policies and
				  procedures to protect the financial interests of the residents. These policies
				  and procedures shall:
(1) provide
				financial counseling and training to all residents as needed;
(2) allow a resident's personal funds to be
				used to secure incidentals and personal and special need items;
(3) encourage residents to maintain savings
				and checking accounts in community financial institutions;
(4) enable residents to have their own money
				in their possession, unless the resident has a representative payee, a guardian
				for financial purposes, or the resident requests assistance in writing from the
				residential staff;
(5) establish
				specific policies regarding the agency acting as representative payee for the
				resident, including meeting the fiduciary duty owed to a resident by a
				representative payee;
(6) establish
				an accounting system and maintain a complete record of the disbursements and
				items purchased for the resident when a resident's funds are disbursed by the
				agency on behalf of the resident;
(7) provide that the financial record shall
				be available to the resident or to the resident's legal representative; and
(8) provide that staff persons
				shall not borrow or accept money or any thing of value from a
				resident.
Indiana Administrative Code › Title 440 - DIVISION OF MENTAL HEALTH AND ADDICTION › Article 7.5 - RESIDENTIAL LIVING FACILITIES FOR INDIVIDUALS WITH PSYCHIATRIC DISORDERS OR ADDICTIONS › Rule 2 - Requirements for All Residential Living Facilities in this Article › Section 2-8 - Resident health and treatment

Current through July 10, 2024
Authority: IC
				  12-21-2-3
Affected: IC
				  12-22-2
Sec. 8.
(a) An
				individualized treatment plan shall be developed and followed for each resident
				as follows:
(1) The treatment team, with the
				active participation of the resident, shall design and implement a written,
				comprehensive individualized treatment plan in collaboration with the case
				manager and under the direction of the agency as follows:
(A) A preliminary plan or a referral
				application indicating the desired treatment objectives must be completed
				before placement.
(B) A fully
				developed individual treatment plan shall be completed within the first thirty
				(30) days of enrollment.
Indiana Administrative Code › Title 440 - DIVISION OF MENTAL HEALTH AND ADDICTION › Article 7.5 - RESIDENTIAL LIVING FACILITIES FOR INDIVIDUALS WITH PSYCHIATRIC DISORDERS OR ADDICTIONS › Rule 2 - Requirements for All Residential Living Facilities in this Article › Section 2-9 - Medication

Current through July 10, 2024
Authority: IC
				  12-21-2-3
Affected: IC
				  12-22-2
Sec. 9.
(a) Agencies
				having residential living facilities shall establish and enforce written
				policies and procedures for the self-administration and monitoring of
				medication for residents.
(b) The
				written medication policies shall include the following:
(1) How the goal of self-medication for
				residents is to be achieved.
(2)
				For residents who are totally self-medicating, the agency must have a procedure
				for:
(A) monitoring the resident's use of
				medication;
(B) ensuring adequate
				supplies; and
(C) providing safe
				storage of medication.
(3) When assistance is required by the
				resident:
(A) how residents who need
				assistance with medication will receive it;
(B) how the agency will store medications for
				the residents; and
(C) how the
				agency will dispose of medications no longer needed or remaining after any
				expiration date.
(4) How
				monitoring will be implemented.
(5)
				What documentation is required regarding medication.
Indiana Administrative Code › Title 440 - DIVISION OF MENTAL HEALTH AND ADDICTION › Article 7.5 - RESIDENTIAL LIVING FACILITIES FOR INDIVIDUALS WITH PSYCHIATRIC DISORDERS OR ADDICTIONS › Rule 2 - Requirements for All Residential Living Facilities in this Article › Section 2-10 - Nutrition

Current through July 10, 2024
Authority: IC
				  12-21-2-3
Affected: IC
				  12-22-2
Sec. 10.
(a) The
				agency or its subcontractor shall develop and implement written policies and
				procedures for staff and for residents who require training regarding more
				independence for the resident in the following:
(1) Basic nutrition.
(2) Meal planning.
(3) Food purchasing and preparation.
(4) Food storage.
(5) Dish washing.
(6) Sanitation.
(7) Safety.
Indiana Administrative Code › Title 440 - DIVISION OF MENTAL HEALTH AND ADDICTION › Article 7.5 - RESIDENTIAL LIVING FACILITIES FOR INDIVIDUALS WITH PSYCHIATRIC DISORDERS OR ADDICTIONS › Rule 2 - Requirements for All Residential Living Facilities in this Article › Section 2-11 - Environment

Current through July 10, 2024
Authority: IC
				  12-21-2-3
Affected: IC
				  12-21-2-3
Sec. 11.
(a) The
				location of the residence shall provide opportunities for the resident to
				participate in community activities and have independent access to community
				services. The residence shall be:
(1)
				reasonably accessible to the agency as well as to medical, recreational, and
				shopping areas, by public or agency-arranged transportation; and
(2) located in a suitable residential
				setting, and the location, design, construction, and furnishings of each
				residence shall be:
(A) appropriate to the
				type of facility;
(B) as homelike
				as possible; and
(C) conducive to
				the achievement of optimal development by the residents.
Indiana Administrative Code › Title 440 - DIVISION OF MENTAL HEALTH AND ADDICTION › Article 7.5 - RESIDENTIAL LIVING FACILITIES FOR INDIVIDUALS WITH PSYCHIATRIC DISORDERS OR ADDICTIONS › Rule 2 - Requirements for All Residential Living Facilities in this Article › Section 2-12 - Physical requirements

Current through July 10, 2024
Authority: IC 12-21-2-3
Affected: IC 12-22-2-3
Sec. 12.
(a) The
				living area shall meet the following requirements:
(1) The residence must be in good repair and
				free of hazards, such as the following:
(A)
				Loose or broken window glass.
(B)
				Loose or cracked floor coverings or ceilings.
(C) Holes in the walls.
Indiana Administrative Code › Title 440 - DIVISION OF MENTAL HEALTH AND ADDICTION › Article 7.5 - RESIDENTIAL LIVING FACILITIES FOR INDIVIDUALS WITH PSYCHIATRIC DISORDERS OR ADDICTIONS › Rule 2 - Requirements for All Residential Living Facilities in this Article › Section 2-13 - Safety requirements

Current through July 10, 2024
Authority: IC 12-21-2-3
Affected: IC 12-22-2
Sec. 13.
(a) The
				agency shall have written policies and procedures to ensure resident and staff
				safety.
(b) The policies and
				procedures regarding resident and staff safety must be:
(1) given to all personnel and residents; and
(2) made available to others on
				request.
Indiana Administrative Code › Title 440 - DIVISION OF MENTAL HEALTH AND ADDICTION › Article 7.5 - RESIDENTIAL LIVING FACILITIES FOR INDIVIDUALS WITH PSYCHIATRIC DISORDERS OR ADDICTIONS › Rule 2 - Requirements for All Residential Living Facilities in this Article › Section 2-14 - Furnishings

Current through July 10, 2024
Authority: IC
				  12-21-2-3
Affected: IC
				  12-21-2-3; IC
				  12-22-2
Sec. 14.
(a) The
				agency shall furnish and maintain the furnishings in a residence, or they shall
				assist the resident in acquiring and maintaining furnishings for the residence.
				The intent is to assure a private residence that is homelike, comfortable,
				sanitary, and promotes the dignity of the resident.
(1) If the agency elects to furnish the
				residence, the resident may be required to make a security deposit, sign an
				inventory, and agree to replace lost or damaged furnishings.
(2) Furnishings shall be in good repair and
				attractive.
(3) Residents shall be
				encouraged to purchase and display personal possessions and to enhance a
				homelike environment with items of their choice.
(4) The facility may not require residents to
				provide their own furniture. Furniture provided by the residents remains the
				property of the residents.
Indiana Administrative Code › Title 440 - DIVISION OF MENTAL HEALTH AND ADDICTION › Article 7.5 - RESIDENTIAL LIVING FACILITIES FOR INDIVIDUALS WITH PSYCHIATRIC DISORDERS OR ADDICTIONS › Rule 3 - Requirements Specific for Managed Care Providers and Community Mental Health Centers › Section 3-1 - Continuum of care

Current through July 10, 2024
Authority: IC
				  12-21-2-3
Affected: IC
				  12-21-2-3
Sec. 1.
A managed care provider or community mental health center
				  that contracts with the division must assure that residential living facilities
				  will function as part of the continuum of care.
Indiana Administrative Code › Title 440 - DIVISION OF MENTAL HEALTH AND ADDICTION › Article 7.5 - RESIDENTIAL LIVING FACILITIES FOR INDIVIDUALS WITH PSYCHIATRIC DISORDERS OR ADDICTIONS › Rule 3 - Requirements Specific for Managed Care Providers and Community Mental Health Centers › Section 3-2 - Case management

Current through July 10, 2024
Authority: IC
				  12-21-2-3
Affected: IC
				  12-21-2-3
Sec. 2.
At the time of admission to the facility and throughout the
				  service period, each resident shall be assigned to a case manager who is
				  employed by the managed care provider or community mental health
				  center.
Indiana Administrative Code › Title 440 - DIVISION OF MENTAL HEALTH AND ADDICTION › Article 7.5 - RESIDENTIAL LIVING FACILITIES FOR INDIVIDUALS WITH PSYCHIATRIC DISORDERS OR ADDICTIONS › Rule 3 - Requirements Specific for Managed Care Providers and Community Mental Health Centers › Section 3-3 - Resident living allowance

Current through July 10, 2024
Authority: IC
				  12-21-2-3
Affected: IC
				  12-22-2-3
Sec. 3.
(a) Agencies
				that contract with the division may choose to provide a resident living
				allowance.
(b) An agency that
				provides a resident living allowance shall comply with this subsection. A
				resident is eligible to receive a resident living allowance if the:
(1) resident's income, less the income
				incentive, is less than two hundred percent (200%) of the federal poverty
				guideline;
(2) resident has no more
				than one thousand five hundred dollars ($1,500) in liquid assets;
(3) resident's other personal resources are
				inadequate to maintain the resident in a therapeutic living environment;
				and
(4) allowance is authorized by
				the individual treatment plan.