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Indiana House Bill HB1205

Indiana 2024 Regular Session

Indiana House Bill HB1205 Compare Versions

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1+*EH1205.1*
2+February 16, 2024
3+ENGROSSED
4+HOUSE BILL No. 1205
5+_____
6+DIGEST OF HB 1205 (Updated February 14, 2024 9:27 am - DI 140)
7+Citations Affected: IC 12-21; IC 12-29.
8+Synopsis: Mental health standards and reporting. Requires the
9+secretary of family and social services to provide that the standards for
10+services provided by recovery community organizations for behavioral
11+health recovery, when used as a recovery community organization, be
12+certified through a certain entity and meet other standards established
13+by the division of mental health and addiction. Specifies information
14+that must be reported by a community mental health center as part of
15+the community mental health center's annual report.
16+Effective: July 1, 2024.
17+Meltzer, Jeter, O'Brien,
18+Garcia Wilburn
19+(SENATE SPONSORS — BALDWIN, CARRASCO, FORD J.D., YODER)
20+January 9, 2024, read first time and referred to Committee on Public Health.
21+January 23, 2024, amended, reported — Do Pass.
22+January 25, 2024, read second time, amended, ordered engrossed.
23+January 26, 2024, engrossed.
24+January 29, 2024, read third time, passed. Yeas 97, nays 0.
25+SENATE ACTION
26+February 5, 2024, read first time and referred to Committee on Health and Provider
27+Services.
28+February 15, 2024, reported favorably — Do Pass.
29+EH 1205—LS 6846/DI 104 February 16, 2024
130 Second Regular Session of the 123rd General Assembly (2024)
231 PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
332 Constitution) is being amended, the text of the existing provision will appear in this style type,
433 additions will appear in this style type, and deletions will appear in this style type.
534 Additions: Whenever a new statutory provision is being enacted (or a new constitutional
635 provision adopted), the text of the new provision will appear in this style type. Also, the
736 word NEW will appear in that style type in the introductory clause of each SECTION that adds
837 a new provision to the Indiana Code or the Indiana Constitution.
938 Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
1039 between statutes enacted by the 2023 Regular Session of the General Assembly.
11-HOUSE ENROLLED ACT No. 1205
12-AN ACT to amend the Indiana Code concerning human services.
40+ENGROSSED
41+HOUSE BILL No. 1205
42+A BILL FOR AN ACT to amend the Indiana Code concerning
43+human services.
1344 Be it enacted by the General Assembly of the State of Indiana:
14-SECTION 1. IC 12-21-2-3, AS AMENDED BY P.L.127-2020,
45+1 SECTION 1. IC 12-21-2-3, AS AMENDED BY P.L.127-2020,
46+2 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
47+3 JULY 1, 2024]: Sec. 3. The secretary or the secretary's designee shall
48+4 do the following:
49+5 (1) Organize the division, create the appropriate personnel
50+6 positions, and employ personnel necessary to discharge the
51+7 statutory duties and powers of the division or a bureau of the
52+8 division.
53+9 (2) Subject to the approval of the state personnel department,
54+10 establish personnel qualifications for all deputy directors,
55+11 assistant directors, bureau heads, and superintendents.
56+12 (3) Subject to the approval of the budget director and the
57+13 governor, establish the compensation of all deputy directors,
58+14 assistant directors, bureau heads, and superintendents.
59+15 (4) Study the entire problem of mental health, mental illness, and
60+16 addictions existing in Indiana.
61+17 (5) Adopt rules under IC 4-22-2 for the following:
62+EH 1205—LS 6846/DI 104 2
63+1 (A) Standards for the operation of private institutions that are
64+2 licensed under IC 12-25 for the diagnosis, treatment, and care
65+3 of individuals with psychiatric disorders, addictions, or other
66+4 abnormal mental conditions.
67+5 (B) Licensing or certifying community residential programs
68+6 described in IC 12-22-2-3.5 for individuals with serious
69+7 mental illness (SMI), serious emotional disturbance (SED), or
70+8 chronic addiction (CA) with the exception of psychiatric
71+9 residential treatment facilities.
72+10 (C) Certifying community mental health centers to operate in
73+11 Indiana.
74+12 (D) Establish exclusive geographic primary service areas for
75+13 community mental health centers. The rules must include the
76+14 following:
77+15 (i) Criteria and procedures to justify the change to the
78+16 boundaries of a community mental health center's primary
79+17 service area.
80+18 (ii) Criteria and procedures to justify the change of an
81+19 assignment of a community mental health center to a
82+20 primary service area.
83+21 (iii) A provision specifying that the criteria and procedures
84+22 determined in items (i) and (ii) must include an option for
85+23 the county and the community mental health center to
86+24 initiate a request for a change in primary service area or
87+25 provider assignment.
88+26 (iv) A provision specifying the criteria and procedures
89+27 determined in items (i) and (ii) may not limit an eligible
90+28 consumer's right to choose or access the services of any
91+29 provider who is certified by the division of mental health
92+30 and addiction to provide public supported mental health
93+31 services.
94+32 (6) Institute programs, in conjunction with an accredited college
95+33 or university and with the approval, if required by law, of the
96+34 commission for higher education, for the instruction of students
97+35 of mental health and other related occupations. The programs may
98+36 be designed to meet requirements for undergraduate and
99+37 postgraduate degrees and to provide continuing education and
100+38 research.
101+39 (7) Develop programs to educate the public in regard to the
102+40 prevention, diagnosis, treatment, and care of all abnormal mental
103+41 conditions.
104+42 (8) Make the facilities of the state institutions available for the
105+EH 1205—LS 6846/DI 104 3
106+1 instruction of medical students, student nurses, interns, and
107+2 resident and fellow physicians under the supervision of the faculty
108+3 of any accredited school of medicine or osteopathy located in
109+4 Indiana or an accredited residency or fellowship training program
110+5 in connection with research and instruction in psychiatric
111+6 disorders.
112+7 (9) Institute a stipend program designed to improve the quality
113+8 and quantity of staff that state institutions employ.
114+9 (10) Establish, supervise, and conduct community programs,
115+10 either directly or by contract, for the diagnosis, treatment, and
116+11 prevention of psychiatric disorders.
117+12 (11) Adopt rules under IC 4-22-2 concerning the records and data
118+13 to be kept concerning individuals admitted to state institutions,
119+14 community mental health centers, or other providers.
120+15 (12) Compile information and statistics concerning the ethnicity
121+16 and gender of a program or service recipient.
122+17 (13) Establish standards for services described in IC 12-7-2-40.6
123+18 for community mental health centers and other providers.
124+19 (14) Provide that the standards for services provided by recovery
125+20 residences for residential care and supported housing for chronic
126+21 addiction, when used as a recovery residence, to:
127+22 (A) be certified through an entity approved by the division to
128+23 ensure adherence to standards determined by the National
129+24 Alliance for Recovery Residences (NARR) or a similar entity;
130+25 and
131+26 (B) meet other standards established by the division under
132+27 rules adopted under IC 4-22-2.
133+28 (15) Provide that the standards for services provided by
134+29 recovery community organizations for behavioral health
135+30 recovery, when used as a recovery community organization:
136+31 (A) be certified through an entity approved by the division
137+32 to ensure adherence to standards determined by the
138+33 Indiana Recovery Network or similar entity that certifies
139+34 recovery community organizations; and
140+35 (B) meet other standards established by the division under
141+36 rules adopted under IC 4-22-2.
142+37 (15) (16) Require the division to:
143+38 (A) provide best practice recommendations to community
144+39 mental health centers; and
145+40 (B) work with community mental health centers in a
146+41 collaborative manner in order to ensure improved health
147+42 outcomes as a part of reviews or audits.
148+EH 1205—LS 6846/DI 104 4
149+1 Documentation developed as a part of an incident or death
150+2 reporting audit or review is confidential and may only be shared
151+3 between the division and the community mental health center.
152+4 SECTION 2. IC 12-29-2-16, AS AMENDED BY P.L.76-2018,
153+5 SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
154+6 JULY 1, 2024]: Sec. 16. (a) A community mental health center that is
155+7 certified by the division of mental health and addiction shall provide an
156+8 annual report to the division of mental health and addiction and to the
157+9 fiscal body and the board of county commissioners of each county
158+10 located in the community mental health center's primary service area.
159+11 The annual report under this section must include the following:
160+12 (1) Information concerning the operational and community based
161+13 activities undertaken during the year by the community mental
162+14 health center in each county from which the community mental
163+15 health center received funding under this chapter.
164+16 (2) A listing, by the county of patients' residence, of the following
165+17 information:
166+18 (A) The total number of patients served by the community
167+19 mental health center.
168+20 (B) The total number of patients receiving addiction treatment
169+21 services from the community mental health center.
170+22 (C) The total number of patients receiving mental health
171+23 services from the community mental health center.
172+24 (D) The total number of patients receiving both addiction
173+25 treatment services and mental health services from the
174+26 community mental health center.
175+27 (3) A copy of the most recent financial audit provided to the
176+28 division of mental health and addiction under 440 IAC 4.1-2-5,
177+29 including a balance sheet of assets and liabilities, which shall be
178+30 prepared by an independent certified public accountant.
179+31 (4) Demographic information of patients served by the
180+32 community mental health center, including the following:
181+33 (A) The number of adults served and the:
182+34 (i) five (5) most common addiction substances; and
183+35 (ii) ten (10) most common primary mental health
184+36 diagnoses;
185+37 of the adults.
186+38 (B) The number of children served and the:
187+39 (i) five (5) most common addiction substances; and
188+40 (ii) ten (10) most common primary mental health
189+41 diagnoses;
190+42 of the children.
191+EH 1205—LS 6846/DI 104 5
192+1 (5) The total number of clinical encounters in the preceding
193+2 fiscal year.
194+3 (6) The total number of completed intakes in the preceding
195+4 fiscal year.
196+5 (7) The average time from initial engagement to an offered
197+6 initial evaluation.
198+7 (8) The average time from initial evaluation to an offered
199+8 follow-up visit.
200+9 (9) The community mental health center's performance in
201+10 comparison to the state's performance on measures identified
202+11 by the division of mental health and addiction, including client
203+12 satisfaction and clinical outcomes.
204+13 (10) Data related to the connection between a patient and
205+14 additional county or regional based services, including any of
206+15 the following, if available:
207+16 (A) Self, family, or guardian referrals.
208+17 (B) Law enforcement or the criminal justice system.
209+18 (C) A hospital or physician.
210+19 (D) Child or youth services, including the department of
211+20 child services, systems of care, or schools.
212+21 (E) A twenty-four (24) hour crisis intervention service.
213+22 (F) An enhanced call center.
214+23 (b) The division of mental health and addiction shall:
215+24 (1) specify the format of the annual reports that must be provided
216+25 by community mental health centers under subsection (a); and
217+26 (2) determine the measures to be used concerning
218+27 performance required by subsection (a)(9); and
219+28 (2) (3) include a summary of that information in the annual report
220+29 prepared by the division under subsection (c).
221+30 (c) The division of mental health and addiction shall annually
222+31 provide to the county fiscal body and board of county commissioners
223+32 of each county a report that includes the following:
224+33 (1) An overview of the total funding provided to all community
225+34 mental health centers during the year under this chapter, including
226+35 funding provided by the division for purposes of programs under
227+36 this chapter.
228+37 (2) A count, by county of residence, of the following concerning
229+38 patients served by the community mental health centers under
230+39 programs funded under this chapter:
231+40 (A) The total number of patients served.
232+41 (B) The total number of patients receiving addiction treatment
233+42 services.
234+EH 1205—LS 6846/DI 104 6
235+1 (C) The total number of patients receiving mental health
236+2 services.
237+3 (D) The total number of patients receiving both addiction
238+4 treatment services and mental health services.
239+5 (3) An assessment, specified by the county of patients' residence,
240+6 of the overall outcomes of the treatment provided to patients of
241+7 the community mental health centers.
242+8 (4) A summary of the information provided by community mental
243+9 health centers in the annual reports provided under subsection (a),
244+10 and an explanation of the differences between the patient count
245+11 information provided by the community mental health centers in
246+12 those reports and the patient count information included in the
247+13 division's report under this subsection.
248+14 (d) The division of mental health and addiction may provide a report
249+15 required under subsection (c) to the county fiscal body and the board
250+16 of county commissioners by publishing the report on the division's
251+17 Internet web site. website.
252+EH 1205—LS 6846/DI 104 7
253+COMMITTEE REPORT
254+Mr. Speaker: Your Committee on Public Health, to which was
255+referred House Bill 1205, has had the same under consideration and
256+begs leave to report the same back to the House with the
257+recommendation that said bill be amended as follows:
258+Page 1, between the enacting clause and line 1, begin a new
259+paragraph and insert:
260+"SECTION 1. IC 12-21-2-3, AS AMENDED BY P.L.127-2020,
15261 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
16262 JULY 1, 2024]: Sec. 3. The secretary or the secretary's designee shall
17263 do the following:
18264 (1) Organize the division, create the appropriate personnel
19265 positions, and employ personnel necessary to discharge the
20266 statutory duties and powers of the division or a bureau of the
21267 division.
22268 (2) Subject to the approval of the state personnel department,
23269 establish personnel qualifications for all deputy directors,
24270 assistant directors, bureau heads, and superintendents.
25271 (3) Subject to the approval of the budget director and the
26272 governor, establish the compensation of all deputy directors,
27273 assistant directors, bureau heads, and superintendents.
28274 (4) Study the entire problem of mental health, mental illness, and
29275 addictions existing in Indiana.
30276 (5) Adopt rules under IC 4-22-2 for the following:
31277 (A) Standards for the operation of private institutions that are
32278 licensed under IC 12-25 for the diagnosis, treatment, and care
33279 of individuals with psychiatric disorders, addictions, or other
34280 abnormal mental conditions.
35281 (B) Licensing or certifying community residential programs
36-HEA 1205 2
37282 described in IC 12-22-2-3.5 for individuals with serious
38283 mental illness (SMI), serious emotional disturbance (SED), or
39284 chronic addiction (CA) with the exception of psychiatric
40285 residential treatment facilities.
41286 (C) Certifying community mental health centers to operate in
42287 Indiana.
43288 (D) Establish exclusive geographic primary service areas for
44289 community mental health centers. The rules must include the
45290 following:
46291 (i) Criteria and procedures to justify the change to the
47292 boundaries of a community mental health center's primary
48293 service area.
294+EH 1205—LS 6846/DI 104 8
49295 (ii) Criteria and procedures to justify the change of an
50296 assignment of a community mental health center to a
51297 primary service area.
52298 (iii) A provision specifying that the criteria and procedures
53299 determined in items (i) and (ii) must include an option for
54300 the county and the community mental health center to
55301 initiate a request for a change in primary service area or
56302 provider assignment.
57303 (iv) A provision specifying the criteria and procedures
58304 determined in items (i) and (ii) may not limit an eligible
59305 consumer's right to choose or access the services of any
60306 provider who is certified by the division of mental health
61307 and addiction to provide public supported mental health
62308 services.
63309 (6) Institute programs, in conjunction with an accredited college
64310 or university and with the approval, if required by law, of the
65311 commission for higher education, for the instruction of students
66312 of mental health and other related occupations. The programs may
67313 be designed to meet requirements for undergraduate and
68314 postgraduate degrees and to provide continuing education and
69315 research.
70316 (7) Develop programs to educate the public in regard to the
71317 prevention, diagnosis, treatment, and care of all abnormal mental
72318 conditions.
73319 (8) Make the facilities of the state institutions available for the
74320 instruction of medical students, student nurses, interns, and
75321 resident and fellow physicians under the supervision of the faculty
76322 of any accredited school of medicine or osteopathy located in
77323 Indiana or an accredited residency or fellowship training program
78324 in connection with research and instruction in psychiatric
79-HEA 1205 3
80325 disorders.
81326 (9) Institute a stipend program designed to improve the quality
82327 and quantity of staff that state institutions employ.
83328 (10) Establish, supervise, and conduct community programs,
84329 either directly or by contract, for the diagnosis, treatment, and
85330 prevention of psychiatric disorders.
86331 (11) Adopt rules under IC 4-22-2 concerning the records and data
87332 to be kept concerning individuals admitted to state institutions,
88333 community mental health centers, or other providers.
89334 (12) Compile information and statistics concerning the ethnicity
90335 and gender of a program or service recipient.
91336 (13) Establish standards for services described in IC 12-7-2-40.6
337+EH 1205—LS 6846/DI 104 9
92338 for community mental health centers and other providers.
93339 (14) Provide that the standards for services provided by recovery
94340 residences for residential care and supported housing for chronic
95341 addiction, when used as a recovery residence, to:
96342 (A) be certified through an entity approved by the division to
97343 ensure adherence to standards determined by the National
98344 Alliance for Recovery Residences (NARR) or a similar entity;
99345 and
100346 (B) meet other standards established by the division under
101347 rules adopted under IC 4-22-2.
102348 (15) Provide that the standards for services provided by
103349 recovery community organizations for behavioral health
104350 recovery, when used as a recovery community organization:
105351 (A) be certified through an entity approved by the division
106352 to ensure adherence to standards determined by the
107353 Indiana Recovery Network or similar entity that certifies
108354 recovery community organizations; and
109355 (B) meet other standards established by the division under
110356 rules adopted under IC 4-22-2.
111357 (15) (16) Require the division to:
112358 (A) provide best practice recommendations to community
113359 mental health centers; and
114360 (B) work with community mental health centers in a
115361 collaborative manner in order to ensure improved health
116362 outcomes as a part of reviews or audits.
117363 Documentation developed as a part of an incident or death
118364 reporting audit or review is confidential and may only be shared
119-between the division and the community mental health center.
120-SECTION 2. IC 12-29-2-16, AS AMENDED BY P.L.76-2018,
121-SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
122-HEA 1205 4
123-JULY 1, 2024]: Sec. 16. (a) A community mental health center that is
124-certified by the division of mental health and addiction shall provide an
125-annual report to the division of mental health and addiction and to the
126-fiscal body and the board of county commissioners of each county
127-located in the community mental health center's primary service area.
128-The annual report under this section must include the following:
129-(1) Information concerning the operational and community based
130-activities undertaken during the year by the community mental
131-health center in each county from which the community mental
132-health center received funding under this chapter.
133-(2) A listing, by the county of patients' residence, of the following
134-information:
135-(A) The total number of patients served by the community
136-mental health center.
137-(B) The total number of patients receiving addiction treatment
138-services from the community mental health center.
139-(C) The total number of patients receiving mental health
140-services from the community mental health center.
141-(D) The total number of patients receiving both addiction
142-treatment services and mental health services from the
143-community mental health center.
144-(3) A copy of the most recent financial audit provided to the
145-division of mental health and addiction under 440 IAC 4.1-2-5,
146-including a balance sheet of assets and liabilities, which shall be
147-prepared by an independent certified public accountant.
148-(4) Demographic information of patients served by the
365+between the division and the community mental health center.".
366+Renumber all SECTIONS consecutively.
367+and when so amended that said bill do pass.
368+(Reference is to HB 1205 as introduced.)
369+BARRETT
370+Committee Vote: yeas 12, nays 0.
371+EH 1205—LS 6846/DI 104 10
372+HOUSE MOTION
373+Mr. Speaker: I move that House Bill 1205 be amended to read as
374+follows:
375+Page 4, delete lines 31 and 32, begin a new line block indented and
376+insert:
377+"(4) Demographic information of patients served by the
149378 community mental health center, including the following:
150379 (A) The number of adults served and the:
151380 (i) five (5) most common addiction substances; and
152381 (ii) ten (10) most common primary mental health
153382 diagnoses;
154383 of the adults.
155384 (B) The number of children served and the:
156385 (i) five (5) most common addiction substances; and
157386 (ii) ten (10) most common primary mental health
158387 diagnoses;
159-of the children.
160-(5) The total number of clinical encounters in the preceding
161-fiscal year.
162-(6) The total number of completed intakes in the preceding
163-fiscal year.
164-(7) The average time from initial engagement to an offered
165-HEA 1205 5
166-initial evaluation.
167-(8) The average time from initial evaluation to an offered
168-follow-up visit.
169-(9) The community mental health center's performance in
170-comparison to the state's performance on measures identified
171-by the division of mental health and addiction, including client
172-satisfaction and clinical outcomes.
173-(10) Data related to the connection between a patient and
174-additional county or regional based services, including any of
175-the following, if available:
176-(A) Self, family, or guardian referrals.
177-(B) Law enforcement or the criminal justice system.
178-(C) A hospital or physician.
179-(D) Child or youth services, including the department of
180-child services, systems of care, or schools.
181-(E) A twenty-four (24) hour crisis intervention service.
182-(F) An enhanced call center.
183-(b) The division of mental health and addiction shall:
184-(1) specify the format of the annual reports that must be provided
185-by community mental health centers under subsection (a); and
186-(2) determine the measures to be used concerning
187-performance required by subsection (a)(9); and
188-(2) (3) include a summary of that information in the annual report
189-prepared by the division under subsection (c).
190-(c) The division of mental health and addiction shall annually
191-provide to the county fiscal body and board of county commissioners
192-of each county a report that includes the following:
193-(1) An overview of the total funding provided to all community
194-mental health centers during the year under this chapter, including
195-funding provided by the division for purposes of programs under
196-this chapter.
197-(2) A count, by county of residence, of the following concerning
198-patients served by the community mental health centers under
199-programs funded under this chapter:
200-(A) The total number of patients served.
201-(B) The total number of patients receiving addiction treatment
202-services.
203-(C) The total number of patients receiving mental health
204-services.
205-(D) The total number of patients receiving both addiction
206-treatment services and mental health services.
207-(3) An assessment, specified by the county of patients' residence,
208-HEA 1205 6
209-of the overall outcomes of the treatment provided to patients of
210-the community mental health centers.
211-(4) A summary of the information provided by community mental
212-health centers in the annual reports provided under subsection (a),
213-and an explanation of the differences between the patient count
214-information provided by the community mental health centers in
215-those reports and the patient count information included in the
216-division's report under this subsection.
217-(d) The division of mental health and addiction may provide a report
218-required under subsection (c) to the county fiscal body and the board
219-of county commissioners by publishing the report on the division's
220-Internet web site. website.
221-HEA 1205 Speaker of the House of Representatives
222-President of the Senate
223-President Pro Tempore
224-Governor of the State of Indiana
225-Date: Time:
226-HEA 1205
388+of the children.".
389+Page 4, delete lines 33 through 37.
390+Page 4, line 38, delete "(6)" and insert "(5)".
391+Page 4, line 40, delete "(7)" and insert "(6)".
392+Page 4, line 42, delete "(8)" and insert "(7)".
393+Page 5, line 2, delete "(9)" and insert "(8)".
394+Page 5, line 4, delete "(10)" and insert "(9)".
395+Page 5, line 8, delete "(11)" and insert "(10)".
396+Page 5, line 22, delete "subsection (a)(10);" and insert "subsection
397+(a)(9);".
398+(Reference is to HB 1205 as printed January 23, 2024.)
399+MELTZER
400+_____
401+COMMITTEE REPORT
402+Madam President: The Senate Committee on Health and Provider
403+Services, to which was referred House Bill No. 1205, has had the same
404+under consideration and begs leave to report the same back to the
405+Senate with the recommendation that said bill DO PASS.
406+EH 1205—LS 6846/DI 104 11
407+ (Reference is to HB 1205 as reprinted January 26, 2024.)
408+
409+CHARBONNEAU, Chairperson
410+Committee Vote: Yeas 9, Nays 0
411+EH 1205—LS 6846/DI 104