Second Regular Session of the 123rd General Assembly (2024)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in this style type. Also, the
word NEW will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
between statutes enacted by the 2023 Regular Session of the General Assembly.
HOUSE ENROLLED ACT No. 1205
AN ACT to amend the Indiana Code concerning human services.
Be it enacted by the General Assembly of the State of Indiana:
SECTION 1. IC 12-21-2-3, AS AMENDED BY P.L.127-2020,
SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2024]: Sec. 3. The secretary or the secretary's designee shall
do the following:
(1) Organize the division, create the appropriate personnel
positions, and employ personnel necessary to discharge the
statutory duties and powers of the division or a bureau of the
division.
(2) Subject to the approval of the state personnel department,
establish personnel qualifications for all deputy directors,
assistant directors, bureau heads, and superintendents.
(3) Subject to the approval of the budget director and the
governor, establish the compensation of all deputy directors,
assistant directors, bureau heads, and superintendents.
(4) Study the entire problem of mental health, mental illness, and
addictions existing in Indiana.
(5) Adopt rules under IC 4-22-2 for the following:
(A) Standards for the operation of private institutions that are
licensed under IC 12-25 for the diagnosis, treatment, and care
of individuals with psychiatric disorders, addictions, or other
abnormal mental conditions.
(B) Licensing or certifying community residential programs
HEA 1205 2
described in IC 12-22-2-3.5 for individuals with serious
mental illness (SMI), serious emotional disturbance (SED), or
chronic addiction (CA) with the exception of psychiatric
residential treatment facilities.
(C) Certifying community mental health centers to operate in
Indiana.
(D) Establish exclusive geographic primary service areas for
community mental health centers. The rules must include the
following:
(i) Criteria and procedures to justify the change to the
boundaries of a community mental health center's primary
service area.
(ii) Criteria and procedures to justify the change of an
assignment of a community mental health center to a
primary service area.
(iii) A provision specifying that the criteria and procedures
determined in items (i) and (ii) must include an option for
the county and the community mental health center to
initiate a request for a change in primary service area or
provider assignment.
(iv) A provision specifying the criteria and procedures
determined in items (i) and (ii) may not limit an eligible
consumer's right to choose or access the services of any
provider who is certified by the division of mental health
and addiction to provide public supported mental health
services.
(6) Institute programs, in conjunction with an accredited college
or university and with the approval, if required by law, of the
commission for higher education, for the instruction of students
of mental health and other related occupations. The programs may
be designed to meet requirements for undergraduate and
postgraduate degrees and to provide continuing education and
research.
(7) Develop programs to educate the public in regard to the
prevention, diagnosis, treatment, and care of all abnormal mental
conditions.
(8) Make the facilities of the state institutions available for the
instruction of medical students, student nurses, interns, and
resident and fellow physicians under the supervision of the faculty
of any accredited school of medicine or osteopathy located in
Indiana or an accredited residency or fellowship training program
in connection with research and instruction in psychiatric
HEA 1205 3
disorders.
(9) Institute a stipend program designed to improve the quality
and quantity of staff that state institutions employ.
(10) Establish, supervise, and conduct community programs,
either directly or by contract, for the diagnosis, treatment, and
prevention of psychiatric disorders.
(11) Adopt rules under IC 4-22-2 concerning the records and data
to be kept concerning individuals admitted to state institutions,
community mental health centers, or other providers.
(12) Compile information and statistics concerning the ethnicity
and gender of a program or service recipient.
(13) Establish standards for services described in IC 12-7-2-40.6
for community mental health centers and other providers.
(14) Provide that the standards for services provided by recovery
residences for residential care and supported housing for chronic
addiction, when used as a recovery residence, to:
(A) be certified through an entity approved by the division to
ensure adherence to standards determined by the National
Alliance for Recovery Residences (NARR) or a similar entity;
and
(B) meet other standards established by the division under
rules adopted under IC 4-22-2.
(15) Provide that the standards for services provided by
recovery community organizations for behavioral health
recovery, when used as a recovery community organization:
(A) be certified through an entity approved by the division
to ensure adherence to standards determined by the
Indiana Recovery Network or similar entity that certifies
recovery community organizations; and
(B) meet other standards established by the division under
rules adopted under IC 4-22-2.
(15) (16) Require the division to:
(A) provide best practice recommendations to community
mental health centers; and
(B) work with community mental health centers in a
collaborative manner in order to ensure improved health
outcomes as a part of reviews or audits.
Documentation developed as a part of an incident or death
reporting audit or review is confidential and may only be shared
between the division and the community mental health center.
SECTION 2. IC 12-29-2-16, AS AMENDED BY P.L.76-2018,
SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
HEA 1205 4
JULY 1, 2024]: Sec. 16. (a) A community mental health center that is
certified by the division of mental health and addiction shall provide an
annual report to the division of mental health and addiction and to the
fiscal body and the board of county commissioners of each county
located in the community mental health center's primary service area.
The annual report under this section must include the following:
(1) Information concerning the operational and community based
activities undertaken during the year by the community mental
health center in each county from which the community mental
health center received funding under this chapter.
(2) A listing, by the county of patients' residence, of the following
information:
(A) The total number of patients served by the community
mental health center.
(B) The total number of patients receiving addiction treatment
services from the community mental health center.
(C) The total number of patients receiving mental health
services from the community mental health center.
(D) The total number of patients receiving both addiction
treatment services and mental health services from the
community mental health center.
(3) A copy of the most recent financial audit provided to the
division of mental health and addiction under 440 IAC 4.1-2-5,
including a balance sheet of assets and liabilities, which shall be
prepared by an independent certified public accountant.
(4) Demographic information of patients served by the
community mental health center, including the following:
(A) The number of adults served and the:
(i) five (5) most common addiction substances; and
(ii) ten (10) most common primary mental health
diagnoses;
of the adults.
(B) The number of children served and the:
(i) five (5) most common addiction substances; and
(ii) ten (10) most common primary mental health
diagnoses;
of the children.
(5) The total number of clinical encounters in the preceding
fiscal year.
(6) The total number of completed intakes in the preceding
fiscal year.
(7) The average time from initial engagement to an offered
HEA 1205 5
initial evaluation.
(8) The average time from initial evaluation to an offered
follow-up visit.
(9) The community mental health center's performance in
comparison to the state's performance on measures identified
by the division of mental health and addiction, including client
satisfaction and clinical outcomes.
(10) Data related to the connection between a patient and
additional county or regional based services, including any of
the following, if available:
(A) Self, family, or guardian referrals.
(B) Law enforcement or the criminal justice system.
(C) A hospital or physician.
(D) Child or youth services, including the department of
child services, systems of care, or schools.
(E) A twenty-four (24) hour crisis intervention service.
(F) An enhanced call center.
(b) The division of mental health and addiction shall:
(1) specify the format of the annual reports that must be provided
by community mental health centers under subsection (a); and
(2) determine the measures to be used concerning
performance required by subsection (a)(9); and
(2) (3) include a summary of that information in the annual report
prepared by the division under subsection (c).
(c) The division of mental health and addiction shall annually
provide to the county fiscal body and board of county commissioners
of each county a report that includes the following:
(1) An overview of the total funding provided to all community
mental health centers during the year under this chapter, including
funding provided by the division for purposes of programs under
this chapter.
(2) A count, by county of residence, of the following concerning
patients served by the community mental health centers under
programs funded under this chapter:
(A) The total number of patients served.
(B) The total number of patients receiving addiction treatment
services.
(C) The total number of patients receiving mental health
services.
(D) The total number of patients receiving both addiction
treatment services and mental health services.
(3) An assessment, specified by the county of patients' residence,
HEA 1205 6
of the overall outcomes of the treatment provided to patients of
the community mental health centers.
(4) A summary of the information provided by community mental
health centers in the annual reports provided under subsection (a),
and an explanation of the differences between the patient count
information provided by the community mental health centers in
those reports and the patient count information included in the
division's report under this subsection.
(d) The division of mental health and addiction may provide a report
required under subsection (c) to the county fiscal body and the board
of county commissioners by publishing the report on the division's
Internet web site. website.
HEA 1205 Speaker of the House of Representatives
President of the Senate
President Pro Tempore
Governor of the State of Indiana
Date: Time:
HEA 1205