reglab/statecodes huggingface dataset:
Indiana Administrative Code › Title 440 - DIVISION OF MENTAL HEALTH AND ADDICTION › Article 1.5 - LICENSURE OF PRIVATE MENTAL HEALTH INSTITUTIONS › Rule 3 - Organizational Standards and Requirements › Section 3-13 - Requirements and procedures for the use of restraint or seclusion

Current through July 10, 2024
Authority: IC  12-21-2-3; IC  12-25-1-2; IC  12-25-1-4
Affected: IC 12-25
Sec. 13.
The following provisions apply to the use of restraint or seclusion:
(1) A private mental health institution shall have a written plan and written policies in place that shall include the clinical justification for the:
(A) use of restraint or seclusion; or
(B) simultaneous use of both restraint and seclusion.
Indiana Administrative Code › Title 440 - DIVISION OF MENTAL HEALTH AND ADDICTION › Article 3 - DIVISION ON MENTAL RETARDATION AND OTHER DEVELOPMENTAL DISABILITIES: ALTERNATE RESIDENTIAL CARE (TRANSFERRED)

Current through July 10, 2024
Transferred from Division of Mental Health and Addiction (440
				IAC 3) to Division of Aging and Rehabilitative Services (460 IAC 3) by P.L.
				9-1991, SECTION 126, effective January 1, 1992.
Indiana Administrative Code › Title 440 - DIVISION OF MENTAL HEALTH AND ADDICTION › Article 4 - COMMUNITY MENTAL HEALTH CENTERS › Rule 3 - Community Mental Health Center Services › Section 3-1 - Mandatory services

Current through July 10, 2024
Authority: IC  12-21-2-3
Affected: IC 12-29
Sec. 1.
(a) The management of services provided by the center shall be so structured as to promote continuity of care to every client. All services of the center must be readily accessible and information easily transferable among service elements. The department and the center shall cooperate in defining and putting into operation policies and procedures that require clinical coordination by the center for patients going into the state hospital and for patients coming from the state hospital to the care of the center.
(b) In order to be designated as a community mental health center, a provider shall, within its designated service area, provide in the following six (6) areas for the treatment and prevention of mental disorders:
(1) Inpatient services.
(2) Residential services.
(3) Partial hospitalization services.
(4) Outpatient services.
(5) Consultation-education services.
(6) Community support program.
Indiana Administrative Code › Title 440 - DIVISION OF MENTAL HEALTH AND ADDICTION › Article 4 - COMMUNITY MENTAL HEALTH CENTERS › Rule 3 - Community Mental Health Center Services › Section 3-9 - Seriously emotionally handicapped children and adolescents; requirements for services

Current through July 10, 2024
Authority: IC  12-21-2-3
Affected: IC 12-29
Sec. 9.
The center shall provide or arrange for a full range of services for the seriously emotionally disturbed children and adolescents of its'
[sic.]
service area including but not limited to:
(1) diagnosis and treatment;
(2) treatment in least restrictive alternative available that is clinically appropriate;
(3) liaison services with other child-serving community agencies;
(4) follow-up services. The center shall develop annually a plan to meet the identified needs of children and adolescents in the service area. The center shall insure that adequately trained staff are available to serve children and adolescents. The center shall provide or arrange for inter-agency coordination where the center and another child-serving community agency is involved in a case. A coordinated case management system shall provide or assure access to services for all children and adolescents who reside within the service area.
Indiana Administrative Code › Title 440 - DIVISION OF MENTAL HEALTH AND ADDICTION › Article 4 - COMMUNITY MENTAL HEALTH CENTERS › Rule 3 - Community Mental Health Center Services › Section 3-10 - Alcohol and other drug abusers; requirements for services

Current through July 10, 2024
Authority: IC  12-21-2-3
Affected: IC 12-29
Sec. 10.
Appropriate specialized services shall be provided to alcohol and other drug abusers. These services shall include:
(1) Diagnostic, evaluation, and treatment services in an outpatient setting shall be provided to abusers of alcohol and other drugs.
(2) There shall be a clear referral network to other programs where the center does not provide the needed service.
(3) Services shall be consistent with division of addiction services certification requirements.
Indiana Administrative Code › Title 440 - DIVISION OF MENTAL HEALTH AND ADDICTION › Article 4 - COMMUNITY MENTAL HEALTH CENTERS › Rule 3 - Community Mental Health Center Services › Section 3-11 - Older adults; requirements for services

Current through July 10, 2024
Authority: IC 12-21-2-3
Affected: IC 12-29
Sec. 11.
The center shall provide for the service needs of older adults who experience significant loss of functioning due to mental health problems. This shall include but not be limited to:
(1) identification of an individual to coordinate the accessibility of traditional mental health care services available in the center to older adults;
(2) development of arrangements to provide services for home bound or institutionalized older adults consistent with their individual needs;
(3) identified consideration of older adults and their specialized service needs in the development of the annual program plan as called for in 440 IAC 4-2-2
[ 440 IAC 4-2-2 was repealed filed Jan 18, 1995, 10:50 a.m.: 18 IR 1474.]
.
Indiana Administrative Code › Title 440 - DIVISION OF MENTAL HEALTH AND ADDICTION › Article 4.1 - COMMUNITY MENTAL HEALTH CENTERS; CERTIFICATION › Rule 1 - Definitions › Section 1-1 - Definitions

Current through July 10, 2024
Authority: IC  12-21-2-3; IC  12-29-2-1
Affected: IC  12-29-2-1
Sec. 1.
The following definitions apply throughout this article:
(1) "Accreditation" means an accrediting agency has determined that a community mental health center has met specific requirements of the accrediting agency.
(2) "Accrediting agency" means an organization, included on a list of accrediting organizations approved by the division, which has developed clinical, financial, and organizational standards for the operation of a provider of mental health services and which evaluates a center's compliance with its established standards on a regularly scheduled basis.
(3) "Certification" means the process used by the division to document a community mental health center's compliance with the statutory and regulatory requirements for operation as a community mental health center, including the issuance of a certificate if the community mental health center is found to comply with the requirements in this article.
(4) "Community mental health center" or "center" means a mental health facility which the division has certified as fulfilling the statutory and regulatory requirements to be a community mental health center.
(5) "Conflict of interest" means a situation in which an employee, a board member, an officer of the board of a community mental health center, or a family member of any of these individuals, has a private financial interest such as affiliation through employment or contract with an organization that does business with the community mental health center.
(6) "Consumer" means a primary consumer.
(7) "Continuum of care" means a range of services the provision of which is assured by a managed care provider. The term includes the following:
(A) Individualized treatment planning to increase patient coping skills and symptom management, which may include any combination of services listed in this subdivision.
(B) Twenty-four (24) hour a day crisis intervention.
(C) Case management to fulfill individual patient needs, including assertive case management when indicated.
(D) Outpatient services, including the following:
(i) Intensive outpatient services.
(ii) Substance abuse services.
(iii) Counseling and treatment.
(E) Acute stabilization services, including detoxification services.
(F) Residential services.
(G) Day treatment.
(H) Family support services.
(I) Medication evaluation and monitoring.
(J) Services to prevent unnecessary and inappropriate treatment and hospitalization and the deprivation of a person's liberty.
Indiana Administrative Code › Title 440 - DIVISION OF MENTAL HEALTH AND ADDICTION › Article 4.1 - COMMUNITY MENTAL HEALTH CENTERS; CERTIFICATION › Rule 2 - Certification of Community Mental Health Centers › Section 2-1 - Certification by the division

Current through July 10, 2024
Authority: IC 12-21-2-3; IC 12-29-2-1
Affected: IC 12-29-2-14
Sec. 1.
(a) Before an entity may call itself a community mental health center, and before the division may contract with an entity as a community mental health center for mental health services, the entity must be certified by the division under this article, including the assignment of an exclusive geographic primary service area, under 440 IAC 4.1-3.
(b) A center which has applied for certification or which has been certified must provide information related to services as requested by the division and must participate in the division's quality assurance program. A center must respond to a request from the division as fully as it is capable. Failure to comply with a request from the division may result in termination of a center's certification.
(c) When a center has demonstrated compliance with all applicable laws and regulations, including the specific criteria in this article, a certificate shall be issued and shall be posted in a conspicuous place in the facility open to clients and the public.
Indiana Administrative Code › Title 440 - DIVISION OF MENTAL HEALTH AND ADDICTION › Article 4.1 - COMMUNITY MENTAL HEALTH CENTERS; CERTIFICATION › Rule 2 - Certification of Community Mental Health Centers › Section 2-2 - Organizational standards and requirements

Current through July 10, 2024
Authority: IC  12-21-2-3; IC  12-29-2-1
Affected: IC  12-29-2-1
Sec. 2.
(a) The center 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. At least one (1) member shall be a primary or secondary consumer.
(2) Each county served by the center shall have at least one (1) member from that county on the governing board.
(3) No governing board member, with the exception of the president/chief executive officer, may be employed by or contract with the center.
(4) If a board member, including officers of the board, has a conflict of interest, the individual should not vote or use his or her personal influence on the matter. The minutes of the meeting shall reflect that a disclosure was made, the abstention from voting, and that a quorum was present.
Indiana Administrative Code › Title 440 - DIVISION OF MENTAL HEALTH AND ADDICTION › Article 4.1 - COMMUNITY MENTAL HEALTH CENTERS; CERTIFICATION › Rule 2 - Certification of Community Mental Health Centers › Section 2-4 - Regular certification

Current through July 10, 2024
Authority: IC 12-21-2-3; IC 12-29-2-1
Affected: IC 12-7-2-40.6; 42 U.S.C. 300x
Sec. 4.
(a) An applicant for certification as a community mental health center shall file an application with the division.
(b) The application shall contain the following:
(1) A description of the organizational structure and mission of the applicant.
(2) The location of all operational sites of the applicant and proof of compliance with required health, fire, and safety codes as prescribed by federal and state law.
(3) 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 client rights and confidentiality.
(6) If the center is not operated by a unit of government, the applicant shall submit a copy of the most recent financial audit, including a balance sheet of assets and liabilities of the applicant, which shall be prepared by an independent certified public accountant.
(7) If the center is operated by a unit of government, the applicant shall submit either:
(A) a copy of the most recent financial audit, including a balance sheet of assets and liabilities of the applicant, which shall be prepared by an independent certified public accountant; or
(B) a copy of the most recent state board of accounts audit report regarding the center.
(8) The history of mental health services provided by the applicant and the geographic area the applicant has served.
(9) A budget detailing all sources of revenue and expenses.
(10) Proof of the applicant's current federal tax exempt status.
Indiana Administrative Code › Title 440 - DIVISION OF MENTAL HEALTH AND ADDICTION › Article 4.1 - COMMUNITY MENTAL HEALTH CENTERS; CERTIFICATION › Rule 2 - Certification of Community Mental Health Centers › Section 2-5 - Maintenance of certification

Current through July 10, 2024
Authority: IC 12-21-2-3; IC 12-27-1-4; IC 12-29-2-1
Affected: IC 12-29-2-1
Sec. 5.
Maintenance of certification is dependent upon the following:
(1) The center shall maintain accreditation from an approved accrediting agency. The division shall annually provide all centers with a list of accrediting agencies approved by the division.
(2) The center shall demonstrate the administrative and financial capacity to continue successful operations as a viable entity, including the following:
(A) The center shall purchase and maintain general liability insurance in the minimum amount of five hundred thousand dollars ($500,000) for bodily injury and property damage.
(B) An audit of the financial operations of the center shall be performed annually by an independent certified public accountant. The audit, including the management letter, shall be forwarded to the division within six (6) months of the end of the entity's fiscal year.
Indiana Administrative Code › Title 440 - DIVISION OF MENTAL HEALTH AND ADDICTION › Article 4.1 - COMMUNITY MENTAL HEALTH CENTERS; CERTIFICATION › Rule 2 - Certification of Community Mental Health Centers › Section 2-6 - Notification of changes

Current through July 10, 2024
Authority: IC  12-21-2-3; IC  12-27-1-4; IC  12-29-2-1
Affected: IC 12-27
Sec. 6.
A center must notify the division, in writing, of any of the following within thirty (30) days after the occurrence:
(1) Change in the location of the center's operational site.
(2) Change in the president or treasurer of the governing board.
(3) Change in the chief executive officer of the center.
(4) Substantial change in the primary program focus.
(5) The date of the accreditation survey and the name of the accrediting agency to provide accreditation.
(6) Change in the accreditation status of the center.
(7) The initiation of bankruptcy proceedings.
(8) Adverse action against the entity as the result of the violation of health, fire, or safety codes as prescribed by federal, state, or local law.
(9) Documented violation of the rights of an individual being treated for mental illness under IC 12-27.
Indiana Administrative Code › Title 440 - DIVISION OF MENTAL HEALTH AND ADDICTION › Article 4.1 - COMMUNITY MENTAL HEALTH CENTERS; CERTIFICATION › Rule 2 - Certification of Community Mental Health Centers › Section 2-7.5 - Conditional certification

Current through July 10, 2024
Authority: IC  12-21-2-3; IC  12-29-2-1
Affected: IC  12-29-2-1
Sec. 7.5.
(a) The division shall change the certification status of a community mental health center to that of conditional certification if the division determines that the center has not met the requirements in this article or has not met the requirements of a contract with the division.
(b) Within a conditional certification period, the division may:
(1) grant an extension of the conditional certification or certifications;
(2) reinstate the regular certification of the center if the division requirements are met within the imposed deadline; or
(3) terminate the entity's certification as a community mental health center if the division requirements are not met within the imposed deadline.
Indiana Administrative Code › Title 440 - DIVISION OF MENTAL HEALTH AND ADDICTION › Article 4.1 - COMMUNITY MENTAL HEALTH CENTERS; CERTIFICATION › Rule 2 - Certification of Community Mental Health Centers › Section 2-8 - Immediate termination of certification

Current through July 10, 2024
Authority: IC  12-29-2-1
Affected: IC  12-29-2-1
Sec. 8.
The division may immediately terminate the certification of a community mental health center if the center's accreditation is revoked.
Indiana Administrative Code › Title 440 - DIVISION OF MENTAL HEALTH AND ADDICTION › Article 4.1 - COMMUNITY MENTAL HEALTH CENTERS; CERTIFICATION › Rule 2 - Certification of Community Mental Health Centers › Section 2-9 - Termination of certification

Current through July 10, 2024
Authority: IC  12-21-2-3; IC  12-29-2-1
Affected: IC  12-29-2-1
Sec. 9.
(a) 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 center which, under the standards for accreditation, would cause the accrediting agency to revoke the accreditation.
(2) Failure of the center to regain accreditation within ninety (90) days following expiration of the center's current accreditation by the center's accrediting agency.
(3) Failure to comply with this article.
(4) Failure to forward the annual audit and management letter required by this article to the division.
(5) That the physical safety of the clients or staff of the center is compromised by a physical or sanitary condition of the center or of a physical facility of a center.
(6) The annual audit or other financial or legal information indicates evidence of fiscal mismanagement or the failure to maintain financial viability.
(7) Violation of a federal, state, or local statute, ordinance, rule, or regulation in the course of the operation of the center that endangers the health, safety, or continuity of services to consumers.
Indiana Administrative Code › Title 440 - DIVISION OF MENTAL HEALTH AND ADDICTION › Article 4.1 - COMMUNITY MENTAL HEALTH CENTERS; CERTIFICATION › Rule 2 - Certification of Community Mental Health Centers › Section 2-10 - Contract payments

Current through July 10, 2024
Authority: IC  12-21-2-3; IC  12-29-2-1
Affected: IC  12-29-2-1
Sec. 10.
(a) Upon termination of a center's certification, the division shall suspend payment of contracts between the division and the center in whole or in part.
(b) The division may exercise all rights and claims available by contractual agreement or by federal or state law.
(c) The division shall notify the Indiana department of administration that the center's certification has been terminated.
Indiana Administrative Code › Title 440 - DIVISION OF MENTAL HEALTH AND ADDICTION › Article 4.1 - COMMUNITY MENTAL HEALTH CENTERS; CERTIFICATION › Rule 2 - Certification of Community Mental Health Centers › Section 2-11 - Transfer of certification

Current through July 10, 2024
Authority: IC  12-29-2-1
Affected: IC  12-29-2-1
Sec. 11.
A center may not transfer its certification to another legal entity.
Indiana Administrative Code › Title 440 - DIVISION OF MENTAL HEALTH AND ADDICTION › Article 4.1 - COMMUNITY MENTAL HEALTH CENTERS; CERTIFICATION › Rule 2 - Certification of Community Mental Health Centers › Section 2-12 - Appeal rights

Current through July 10, 2024
Authority: IC  12-21-2-3; IC  12-29-2-1
Affected: IC  4-21.5-3; IC  12-29-2-1
Sec. 12.
A center that is aggrieved by any adverse action taken under this rule may appeal the action under IC  4-21.5-3.
Indiana Administrative Code › Title 440 - DIVISION OF MENTAL HEALTH AND ADDICTION › Article 4.1 - COMMUNITY MENTAL HEALTH CENTERS; CERTIFICATION › Rule 3 - Exclusive Geographic Primary Service Areas › Section 3-1 - Community mental health center; exclusive geographic primary service areas

Current through July 10, 2024
Authority: IC  12-21-2-3; IC  12-29-2-1
Affected: IC  12-29-2-1
Sec. 1.
(a) Each community mental health center (CMHC) shall have a mutually exclusive geographic primary service area for purposes of IC  12-29-2, designated by the division of mental health and addiction.
(b) The exclusive geographic primary service areas, taken together, shall cover the entire state of Indiana.
(c) The director of the division of mental health and addiction shall issue a list of the official exclusive geographic primary service areas assigned to each CMHC, pursuant to P.L. 79-2002, SECTION 6. This list shall be updated whenever there is a change pursuant to this rule.
(d) The director of the division of mental health and addiction shall not reassign any exclusive geographic primary service area unless one (1) of the following occurs:
(1) An order has been issued by a hearing officer under this rule.
(2) A request for a change in the exclusive geographic primary service area has been made, and the CMHCs and counties that would be affected by the change concur with the change in writing.
(3) An existing CMHC, which has an exclusive geographic primary service area, is denied certification or is terminated under this article.
Indiana Administrative Code › Title 440 - DIVISION OF MENTAL HEALTH AND ADDICTION › Article 4.1 - COMMUNITY MENTAL HEALTH CENTERS; CERTIFICATION › Rule 3 - Exclusive Geographic Primary Service Areas › Section 3-2 - Obligations of each community mental health center regarding the exclusive geographic primary service area

Current through July 10, 2024
Authority: IC  12-21-2-3; IC  12-29-2-1
Affected: IC  12-26-6-8; IC  12-26-7-3
Sec. 2.
(a) Each community mental health center (CMHC) is obligated to provide accessible services for all individuals, within the limits of its capacity, in its exclusive geographic primary service area.
(b) Except for consumers who are enrolled by another CMHC or managed care provider, the CMHC is obligated to provide commitment screening to a state institution administered by the division of mental health and addiction for any individual residing in the CMHC's exclusive geographic primary service area who presents for screening services or is referred for screening services.
(c) Commitment screening to a state institution administered by the division of mental health and addiction shall be done by the CMHC that enrolled them, or by the CMHC with which the managed care provider that enrolled the person has a screening contract.
(d) Notwithstanding subsection (b), the designation of an exclusive geographic primary service area may not limit an eligible consumer's right to choose or access the treatment services of any provider who is certified by the division of mental health and addiction to provide publicly supported mental health services.
Indiana Administrative Code › Title 440 - DIVISION OF MENTAL HEALTH AND ADDICTION › Article 4.1 - COMMUNITY MENTAL HEALTH CENTERS; CERTIFICATION › Rule 3 - Exclusive Geographic Primary Service Areas › Section 3-3 - County complaints regarding a community mental health center

Current through July 10, 2024
Authority: IC  12-21-2-3; IC  12-29-2-1; IC  12-29-2-16
Affected: IC  12-7-2-40.6
Sec. 3.
(a) If the county commissioners have a concern about the community mental health center (CMHC) that is assigned to their county as part of its exclusive geographic primary service area, the county commissioners shall first take their complaint to the CMHC.
(b) If the concern cannot be resolved, the county commissioners may make a complaint to the director of the division of mental health and addiction. The director of the division of mental health and addiction shall mediate the disagreement between the CMHC and the county. The CMHC and the county have ninety (90) days to resolve their differences.
(c) If the CMHC and the county have not resolved their differences within ninety (90) days, the county commissioners may file a request with the director of the division of mental health and addiction to have another CMHC assigned to their county as a part of the CMHC's exclusive geographic primary service area.
Indiana Administrative Code › Title 440 - DIVISION OF MENTAL HEALTH AND ADDICTION › Article 4.1 - COMMUNITY MENTAL HEALTH CENTERS; CERTIFICATION › Rule 3 - Exclusive Geographic Primary Service Areas › Section 3-4 - Changes of the exclusive geographic primary service areas

Current through July 10, 2024
Authority: IC  12-21-2-3; IC  12-29-2-1; IC  12-29-2-16
Affected: IC  4-21.5-3; IC  12-7-2-40.6
Sec. 4.
(a) To change an exclusive geographic primary service area, a request to change an exclusive geographic primary service area must be made by the county commissioners or by a community mental health center (CMHC) to the director of the division of mental health and addiction.
(b) A CMHC may not request to be divested of the responsibility of a county that it has been assigned as a part of its exclusive geographic primary service area.
(c) A CMHC that is under a conditional certification status from the division of mental health and addiction or under a conditional accreditation status is not eligible to add territory in a change of an exclusive geographic primary service area.
(d) The notice of a request shall be made at least eighteen (18) months prior to the requested effective date of the change.
(e) Except in emergencies, as determined by the director, changes in the exclusive geographic primary service areas for purposes of IC 12-29 shall take effect on the next July 1.
(f) The director shall notify all regularly certified CMHCs when a request to change an exclusive geographic primary service area is received.
(g) A CMHC may concur with the change in writing.
(h) If the CMHCs affected by the request do not concur fully with the requested change, the director shall appoint a hearing officer under IC  4-21.5-3 to consider the evidence and issue an order regarding the requested change of an exclusive geographic primary service area.
(i) The hearing officer shall issue an order based on the following information regarding the CMHCs serving the contested area:
(1) An unduplicated count of consumers served in the contested area, as reported to the division of mental health and addiction on the consumer service data system during the current and the average of two (2) previous fiscal years.
(2) The availability of accessible services and the past delivery of those services to residents of the contested area.
(3) The completeness of the continuum of care, defined at IC  12-7-2-40.6, available in the contested area.
(4) The geographic accessibility of services.
(5) Information from and preferences of local community advocates and officials.
(6) The accreditation status of the centers.
(7) The certification status of the centers.
(8) Reports that are required by IC  12-29-2-16.
(9) Any other relevant information.
Indiana Administrative Code › Title 440 - DIVISION OF MENTAL HEALTH AND ADDICTION › Article 4.1 - COMMUNITY MENTAL HEALTH CENTERS; CERTIFICATION › Rule 3 - Exclusive Geographic Primary Service Areas › Section 3-5 - Redesignation of the exclusive geographic primary service area

Current through July 10, 2024
Authority: IC  12-21-2-3; IC  12-29-2-1
Affected: IC  12-29-2-1
Sec. 5.
(a) When an existing community mental health center (CMHC), which has an exclusive geographic primary service area, is denied certification or is terminated under this article, the director shall redesignate that exclusive geographic primary service area to another or to multiple CMHCs.
(b) If there is a new CMHC applicant that has completed all of the requirements for certification except being assigned an exclusive geographic primary service area, that new CMHC applicant may be assigned the exclusive geographic primary service area.
(c) Changes in the exclusive geographic primary service areas for purposes of this section shall take effect as soon as the designation is made.
(d) The director shall notify all counties in the exclusive geographic primary service area and all regularly certified CMHCs when an existing CMHC is denied certification or is terminated.
Indiana Administrative Code › Title 440 - DIVISION OF MENTAL HEALTH AND ADDICTION › Article 4.1 - COMMUNITY MENTAL HEALTH CENTERS; CERTIFICATION › Rule 3 - Exclusive Geographic Primary Service Areas › Section 3-6 - Designation of a new community mental health center

Current through July 10, 2024
Authority: IC  12-21-2-3; IC  12-29-2-1
Affected: IC  12-29-2-1
Sec. 6.
(a) A new community mental health center (CMHC) is not automatically entitled to be assigned an exclusive geographic primary service area.
(b) No CMHC applicant may be certified as a CMHC if it cannot be assigned an exclusive geographic primary service area.
Indiana Administrative Code › Title 440 - DIVISION OF MENTAL HEALTH AND ADDICTION › Article 4.1 - COMMUNITY MENTAL HEALTH CENTERS; CERTIFICATION › Rule 3 - Exclusive Geographic Primary Service Areas › Section 3-7 - County request that it be assigned to a new community mental health center

Current through July 10, 2024
Authority: IC  12-21-2-3; IC  12-29-2-1
Affected: IC  4-21.5-3; IC  12-7-2-40.6
Sec. 7.
(a) A county may request that their county or a portion of their county containing at least seventy-five thousand (75,000) people be assigned to the new community mental health center (CMHC).
(b) Changes in the exclusive geographic primary service areas for purposes of this section shall take effect on the next July 1.
(c) The director shall notify all regularly certified CMHCs when a request to change an exclusive geographic primary service area is received.
(d) An existing CMHC may concur with the change in writing.
(e) If the CMHCs affected by the request do not concur fully with the requested change, the director shall appoint a hearing officer under IC  4-21.5-3 to consider the evidence and issue an order regarding the requested change of an exclusive geographic primary service area.
(f) The hearing officer shall issue an order based on the following information regarding the CMHCs serving the contested area:
(1) An unduplicated count of consumers served in the contested area, as reported to the division of mental health and addiction on the consumer service data system during the current and the average of two (2) previous fiscal years.
(2) The availability of accessible services and the past delivery of those services to residents of the contested area.
(3) The completeness of the continuum of care, defined at IC  12-7-2-40.6, available in the contested area.
(4) The geographic accessibility of services.
(5) Information from and preferences of local community advocates and officials.
(6) The accreditation status of the centers.
Indiana Administrative Code › Title 440 - DIVISION OF MENTAL HEALTH AND ADDICTION › Article 4.1 - COMMUNITY MENTAL HEALTH CENTERS; CERTIFICATION › Rule 3 - Exclusive Geographic Primary Service Areas › Section 3-8 - Appeal rights

Current through July 10, 2024
Authority: IC  12-21-2-3; IC  12-29-2-1
Affected: IC  4-21.5-5
Sec. 8.
A community mental health center (CMHC) that is aggrieved by any adverse action taken under this rule may appeal the action under IC  4-21.5-5.
Indiana Administrative Code › Title 440 - DIVISION OF MENTAL HEALTH AND ADDICTION › Article 4.3 - MANAGED CARE PROVIDER CERTIFICATION › Rule 1 - Definitions › Section 1-1 - Definitions

Current through July 10, 2024
Authority: IC 12-21-2-3; IC 12-21-2-8; IC 12-21-5-1.5
Affected: IC 12-7-2; IC 12-21-2-7; IC 23-17; 42 U.S.C. 300x-2(c)
Sec. 1.
The following definitions apply throughout this article:
(1) "Accreditation" means that an accrediting agency has determined that the entity has met the requirements of the accrediting agency.
(2) "Accrediting agency" means an organization, included on a list of accrediting organizations approved by the division, that:
(A) has developed standards for agencies providing behavioral health care or agencies that arrange to provide behavioral health care through a network or integrated delivery system; and
(B) evaluates compliance with the established standards on a regularly scheduled basis.
Indiana Administrative Code › Title 440 - DIVISION OF MENTAL HEALTH AND ADDICTION › Article 4.3 - MANAGED CARE PROVIDER CERTIFICATION › Rule 2 - Certification of Managed Care Providers › Section 2-1 - Certification by the division

Current through July 10, 2024
Authority: IC  12-21-2-3; IC  12-21-2-8; IC  12-21-5-1.5
Affected: IC  12-21-2-8
Sec. 1.
(a) The division shall certify all managed care providers funded by the division.
(b) The certification of managed care providers shall coincide with the state fiscal year.
(c) When an entity has demonstrated compliance with all applicable laws and regulations, including the specific criteria established by the division, the entity is eligible to contract as a managed care provider with the division for the specific population approved.
(d) When a contract from the division has been issued, a document certifying the entity as a managed care provider shall be issued by the division.
(e) The document certifying the entity as a managed care provider must be posted in a conspicuous place open to consumers and the public.
(f) A managed care provider may not transfer its certification to another entity.
Indiana Administrative Code › Title 440 - DIVISION OF MENTAL HEALTH AND ADDICTION › Article 4.3 - MANAGED CARE PROVIDER CERTIFICATION › Rule 2 - Certification of Managed Care Providers › Section 2-3 - Requirements for regular certification

Current through July 10, 2024
Authority: IC  12-21-2-3; IC  12-21-2-8; IC  12-21-5-1.5
Affected: IC  12-7-2-40.6; IC 12-27
Sec. 3.
(a) Regular certification is on a three (3) year cycle, commencing with the certification that is effective July 1, 2000, including the following:
(1) Regular certification is granted for one (1) year and may be renewed for two (2) additional one-year periods.
(2) An entity that becomes regularly certified after the first year of the cycle shall be certified for one (1) year and may be renewed for one (1) additional year.
(3) An entity that becomes regularly certified after the second year of the cycle shall be certified for one (1) year.
Indiana Administrative Code › Title 440 - DIVISION OF MENTAL HEALTH AND ADDICTION › Article 4.3 - MANAGED CARE PROVIDER CERTIFICATION › Rule 2 - Certification of Managed Care Providers › Section 2-4 - Application

Current through July 10, 2024
Authority: IC  12-21-2-3; IC  12-21-2-8; IC  12-21-5-1.5
Affected: IC  12-7-2-40.6
Sec. 4.
(a) The division shall establish and publish annually the schedule setting out when applications will be accepted by the division for managed care providers to serve specific populations.
(b) Any organization applying for certification as a managed care provider shall file an application with the division on a form required by the division.
(c) The application submitted by the applicant must contain the following:
(1) Evidence of the entity's federal and state nonprofit status.
(2) A copy of the applicant's articles of incorporation and all amendments.
(3) A copy of all bylaws regulating the conduct of the internal affairs of the applicant.
(4) A copy of the financial plan of the applicant, including the following:
(A) A projection of anticipated operating results for at least three (3) years.
(B) A statement of the sources of working capital and any other sources of funding and provisions for contingencies.
(5) Identification of the populations the applicant intends to serve.
(6) A description of the organizational structure of the applicant.
(7) The location of all operational sites of the applicant.
(8) Proof of current accreditation by an approved accrediting agency.
(9) A list of governing board members and executive staff.
(10) A statement of understanding from the board president and chief executive officer that these rules have been read and understood.
(11) Proof of general liability insurance coverage as required in this article.
(12) A copy of the applicant's criteria and performance expectations for quality assurance of the applicant and for monitoring its subcontractors regarding consumer rights and confidentiality.
(13) A copy of the most recent financial audit, including a balance sheet of assets and liabilities of the applicant, which shall be prepared by an independent certified accountant.
(14) A copy of the applicant's contracts with other agencies that demonstrate the applicant's ability to provide, either directly or through subcontracting, the continuum of care as defined in IC  12-7-2-40.6.
(15) A copy of the applicant's procedures for addressing complaints made by consumers, or their representatives, regarding the applicant agency or the applicant's subcontractors.
(16) A copy of the applicant's procedures to monitor its subcontractors regarding all contract issues, including the following:
(A) Quality assessment and utilization review.
(B) Screening and eligibility of the consumers.
(C) The assurance of the integration of all parts of the continuum of care into each individual's treatment.
(17) Other materials as requested by the division to assist in the evaluation of the application.
Indiana Administrative Code › Title 440 - DIVISION OF MENTAL HEALTH AND ADDICTION › Article 4.3 - MANAGED CARE PROVIDER CERTIFICATION › Rule 2 - Certification of Managed Care Providers › Section 2-4.5 - Temporary certification

Current through July 10, 2024
Authority: IC  12-21-2-3; IC  12-21-2-8; IC  12-21-5-1.5
Affected: IC  12-21-2-8
Sec. 4.5.
(a) This section is applicable to an organization that is not yet accredited.
(b) If an organization is not yet accredited by an approved accrediting agency at the time of the submission of the application, but the entity has applied to become accredited prior to the submittal of the application and meets the requirements set forth in section 3(b)(2) through 3(f) of this rule, the entity is eligible to contract with the division as a temporary managed care provider for the specific population approved.
(c) When a contract has been issued by the division, a document certifying the entity as a managed care provider with a temporary certification shall be issued by the division.
(d) The temporary certification as a managed care provider shall be valid for no longer than twelve (12) months.
(e) The division may renew the temporary certification for an additional twelve (12) months if the applicant meets minimum criteria for certification.
(f) Temporary certification shall not exceed a total of twenty-four (24) months.
(g) If temporary certification is denied, the organization may not reapply to be a certified managed care provider until the next scheduled application period.
(h) If an entity has not been accredited at the end of twenty-four (24) months from the initial issuance of temporary certification, the entity may not reapply to become a managed care provider until the next scheduled application period after the lapse of one (1) year from the end of the twenty-four (24) months.
Indiana Administrative Code › Title 440 - DIVISION OF MENTAL HEALTH AND ADDICTION › Article 4.3 - MANAGED CARE PROVIDER CERTIFICATION › Rule 2 - Certification of Managed Care Providers › Section 2-5 - Conversion of temporary certification to regular certification

Current through July 10, 2024
Authority: IC  12-21-2-3; IC  12-21-2-8; IC  12-21-5-1.5
Affected: IC  12-21-2-8
Sec. 5.
(a) To change from temporary certification to a regular certification, the entity must do the following:
(1) Submit a full application for regular certification to the division at the time scheduled for the division to accept applications.
(2) Submit proof of the status of the accreditation, including the following:
(A) Submit the site survey recommendations and responses.
(B) Submit all accreditation determination reports and recommendations in full.
(3) Submit to the division recommendations from the accrediting body and the applicant responses to those recommendations.
(4) Take any action deemed by the division to be necessary in response to the site survey issued by the accrediting agency prior to the expiration of a temporary certification.
Indiana Administrative Code › Title 440 - DIVISION OF MENTAL HEALTH AND ADDICTION › Article 4.3 - MANAGED CARE PROVIDER CERTIFICATION › Rule 2 - Certification of Managed Care Providers › Section 2-6 - Recertification

Current through July 10, 2024
Authority: IC  12-21-2-3; IC  12-21-2-8; IC  12-21-5-1.5
Affected: IC  12-7-2-40.6
Sec. 6.
(a) A managed care provider shall apply for recertification every three (3) years.
(b) To be recertified as a managed care provider, the provider shall file an application according to the schedule determined by the division and on a form prepared by the division.
(c) The application shall include the same information as is required at section 4(c) of this rule.
(d) The division may require the applicant to resolve any problems identified by the accrediting agency within the time period contained in the notification from the division.
(e) The division shall examine the performance of the managed care provider in meeting the requirements of the division's quality assurance program.
(f) The division shall consider whether the entity has met the requirements of the managed care provider contract.
(g) The entity is eligible to contract with the division as a managed care provider when:
(1) an application for recertification is deemed to meet the requirements in this rule;
(2) the division has determined that the managed care provider has met the requirements of the division's quality assurance program; and
(3) the managed care provider has taken any action required by the division, including action in response to the survey recommendations of the accrediting agency.
Indiana Administrative Code › Title 440 - DIVISION OF MENTAL HEALTH AND ADDICTION › Article 4.3 - MANAGED CARE PROVIDER CERTIFICATION › Rule 2 - Certification of Managed Care Providers › Section 2-6.5 - Renewal of regular certification

Current through July 10, 2024
Authority: IC  12-21-2-3; IC  12-21-2-8; IC  12-21-5-1.5
Affected: IC  12-7-2-127
Sec. 6.5.
(a) Regular certification must be renewed pursuant to section 3 of this rule.
(b) To renew regular certification as a managed care provider, the provider shall file an application with the division according to the schedule determined by the division. The application shall be submitted on a form prescribed by the division.
(c) The renewal application shall include the following:
(1) A copy of the applicant's most recent financial audit and a balance sheet of assets and liabilities of the applicant, which shall be prepared by an independent certified public accountant.
(2) A copy of each new subcontract between the applicant and a subcontractor.
(3) Information demonstrating that the managed care provider is providing the full continuum of care.
Indiana Administrative Code › Title 440 - DIVISION OF MENTAL HEALTH AND ADDICTION › Article 4.3 - MANAGED CARE PROVIDER CERTIFICATION › Rule 2 - Certification of Managed Care Providers › Section 2-7 - Conditional certification

Current through July 10, 2024
Authority: IC  12-21-2-3; IC  12-21-2-8; IC  12-21-5-1.5
Affected: IC  12-21-2-8; IC  12-21-5-1.5
Sec. 7.
(a) The division shall, at any time during the fiscal year, change the certification status of a managed care provider to that of conditional certification if the division determines that the managed care provider has not met the requirements in this article or has not met the requirements of the managed care provider contract with the division.
(b) Within a conditional certification period, the division may:
(1) grant an extension of the conditional certification;
(2) reinstate the regular or temporary certification of the managed care provider if the division requirements are met timely; or
(3) terminate the managed care provider certification if the division requirements are not met within the imposed deadline.
Indiana Administrative Code › Title 440 - DIVISION OF MENTAL HEALTH AND ADDICTION › Article 4.3 - MANAGED CARE PROVIDER CERTIFICATION › Rule 2 - Certification of Managed Care Providers › Section 2-9 - Termination of certification

Current through July 10, 2024
Authority: IC  12-21-2-3; IC  12-21-2-8; IC  12-21-5-1.5
Affected: IC  12-21-2-8; IC  12-21-5-1.5
Sec. 9.
(a) The division may terminate the certification of a managed care provider immediately upon the occurrence of any of the following:
(1) Revocation of the accreditation of the managed care provider by the provider's accrediting agency.
(2) Failure of the managed care provider to maintain accreditation.
(3) Failure of the managed care provider to meet the conditions of any conditional certification.
(4) Conduct or practice of the managed care provider or its subcontractors that is found by the division to be detrimental to the welfare of individuals served by the managed care provider.
(5) Fraudulent conduct or practice of the managed care provider or its subcontractors.
(6) The termination of the managed care provider's contract with the division.
(7) A change resulting in the entity's ineligibility to be a managed care provider.
Indiana Administrative Code › Title 440 - DIVISION OF MENTAL HEALTH AND ADDICTION › Article 4.3 - MANAGED CARE PROVIDER CERTIFICATION › Rule 2 - Certification of Managed Care Providers › Section 2-11 - Appeals

Current through July 10, 2024
Authority: IC  12-21-2-3; IC  12-21-2-8; IC  12-21-5-1.5
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 4.4 - ADDICTION TREATMENT SERVICES PROVIDER CERTIFICATION › Rule 1 - Definitions › Section 1-1 - Definitions

Current through July 10, 2024
Authority: IC  12-23-1-6
Affected: IC  12-7-2-11; IC  12-7-2-73
Sec. 1.
The following definitions apply throughout this article:
(1) "Accreditation" means an accrediting agency has granted approval to an entity to provide specific services after the entity has met specific requirements of the accrediting agency.
(2) "Accrediting agency" means an agency, included on a list of accrediting agencies approved by the division, that:
(A) has developed clinical, financial, and organizational standards for the operation of a provider of addiction treatment services; and
(B) evaluates compliance with its established standards on a regularly scheduled basis.
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 2-1 - Certification by the division

Current through July 10, 2024
Authority: IC  12-23-1-6
Affected: IC  12-23-14
Sec. 1.
(a) Every provider of addiction treatment services in Indiana must have either regular certification or outpatient certification issued by the division to provide addiction treatment services.
(b) This rule does not apply to the following:
(1) Addiction treatment services programs operated by the federal government.
(2) Prevention, education, or intervention services.
(3) Voluntary self-help groups.
(4) Any entity that provides addiction treatment services to alcohol abusers or drug abusers only as an incidental service.
(5) Programs run by the Indiana department of correction.
(6) Programs run in child caring institutions licensed by the division of family and children.
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 2-2 - Requirements for certification

Current through July 10, 2024
Authority: IC  12-23-1-6
Affected: IC 12-27
Sec. 2.
Before commencing services, an entity must be certified for regular certification or outpatient certification. The entity shall file an application with the division. The application shall contain the following:
(1) The legal name of the applicant.
(2) A description of the organizational structure and mission statement of the applicant, including the services to be provided and the populations to be served.
(3) The location of all operational sites of the applicant.
(4) A copy of the applicant's procedures to ensure protection of consumer rights under IC 12-27 and confidentiality under 42 CFR 2.
(5) All materials requested by the division.