Second Regular Session of the 123rd General Assembly (2024)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
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between statutes enacted by the 2023 Regular Session of the General Assembly.
HOUSE ENROLLED ACT No. 1216
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 12-15-5-13.5, AS ADDED BY P.L.205-2023,
SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2024]: Sec. 13.5. (a) Services provided to an individual while
detained under IC 12-26-5 are medically necessary when provided in
accordance with generally accepted clinical care guidelines.
(b) The office shall require managed care organizations to consider
services provided to an individual while detained under IC 12-26-5 as
medically necessary when provided in accordance with generally
accepted clinical care guidelines. (a) As used in this section, "office"
includes the following:
(1) The office of the secretary of family and social services.
(2) A managed care organization that has contracted with the
office of Medicaid policy and planning under IC 12-15.
(3) A person that has contracted with a managed care
organization described in subdivision (2).
(b) The office shall reimburse for Medicaid covered services
provided to a Medicaid recipient while detained under IC 12-26-5,
regardless of medical necessity criteria, for the earlier of:
(1) a period not to exceed fourteen (14) days, excluding
Saturdays, Sundays, and legal holidays; or
(2) the date of a final hearing under IC 12-26-5-11.
(c) The office shall reimburse for Medicaid covered services
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provided to a Medicaid recipient in accordance with a mental
health or substance use disorder treatment plan while the
individual is detained under a final order after a final hearing
under IC 12-26-5-11, subject to medical necessity criteria
according to clinical care guidelines established and published by
the office of the secretary.
(d) On or before February 1, 2025, the office of the secretary of
family and social services shall report to the budget committee the
following information for Medicaid claims data ranging from July
1, 2024, to December 31, 2024:
(1) The total number of individuals who received Medicaid
services.
(2) The total amount of state and federal funding expended
for individuals who received Medicaid services.
(3) The ten (10) highest utilized treatments and services by
number of people and the total state and federal expenditures.
(4) Any other information requested by the budget committee.
(e) This section expires June 30, 2025.
SECTION 2. IC 12-26-5-1, AS AMENDED BY P.L.205-2023,
SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2024]: Sec. 1. (a) Except as otherwise provided in this
chapter, an individual may be detained in a facility for not more than
seventy-two (72) hours under this chapter, excluding Saturdays,
Sundays, and legal holidays, if a written application for detention is
filed with a court of competent jurisdiction in accordance with this
section.
(b) An individual may be detained in a facility for not more than
forty-eight (48) hours from the time of admission, excluding Saturdays,
Sundays, and legal holidays, unless the facility files an application for
detention, on a form prepared by the office of judicial administration,
with a court of competent jurisdiction within the forty-eight (48) hour
period. If the facility timely files an application for detention, the
individual may be detained for not more than seventy-two (72) hours
from the time of admission, excluding Saturdays, Sundays, and legal
holidays, unless the court approves the application for detention. If the
court approves the application for detention, the individual may be held
for not more than fourteen (14) days, from the time of admission,
excluding Saturdays, Sundays, and legal holidays, pending a final
hearing under section 11 of this chapter. If a patient is admitted to a
facility after midnight and before 8:00 a.m., the time periods described
in this subsection begin to run at 8:00 a.m.
(c) An application for detention under subsection (b) must contain
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an attestation signed by a physician that the individual has been
examined by a physician, an advanced practice registered nurse, or a
physician assistant, and that based on this examination, or based on
other information provided to the physician, advanced practice
registered nurse, or physician assistant, the applicant believes that there
is probable cause to believe that:
(1) the individual is mentally ill and either dangerous or gravely
disabled; and
(2) the individual requires continuing involuntary detention to
receive care and treatment;
based on an examination by a physician, advanced practice
registered nurse, or physician assistant, or information given to a
physician, advanced practice registered nurse, or physician
assistant.
(d) A facility may not be required to first seek transfer of the
individual to a psychiatric hospital before commencing an application
for detention.
(e) A facility may commence an application for detention even if an
individual was not apprehended and transported to a facility under
section 0.5 of this chapter.
HEA 1216 — Concur Speaker of the House of Representatives
President of the Senate
President Pro Tempore
Governor of the State of Indiana
Date: Time:
HEA 1216 — Concur