Bill Text: IN SB0171 | 2012 | Regular Session | Introduced
Bill Title: Forensic addiction fund.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2012-01-04 - First reading: referred to Committee on Health and Provider Services [SB0171 Detail]
Download: Indiana-2012-SB0171-Introduced.html
Citations Affected: IC 11-13-2.7; IC 12-21-5-1.5.
Synopsis: Forensic addiction fund. Creates the forensic addiction fund
to create a funding source for grants to probation departments and
community corrections programs to increase substance abuse treatment
access for individuals on probation or in a community corrections
program. Provides that the division of mental health and addiction
administers the fund. (The introduced version of this bill was prepared
by the commission on mental health and addiction.)
Effective: July 1, 2012.
January 4, 2012, read first time and referred to Committee on Health and Provider
Services.
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A BILL FOR AN ACT to amend the Indiana Code concerning
corrections and to make an appropriation.
Chapter 2.7. Forensic Addiction Fund
Sec. 1. As used in this chapter, "fund" refers to the forensic addiction fund established by section 2 of this chapter.
Sec. 2. (a) The forensic addiction fund is established to provide grants under section 3 of this chapter. The fund shall be administered by the division of mental health and addiction established under IC 12-21.
(b) Sources of money for the fund consist of the following:
(1) Appropriations from the general assembly.
(2) Donations, gifts, and money received from any other source, including transfers from other funds or accounts.
(c) The expenses of administering the fund shall be paid from money in the fund.
(d) The treasurer of state shall invest the money in the fund not
currently needed to meet the obligations of the fund in the same
manner as other public money may be invested. Interest that
accrues from these investments shall be deposited in the fund.
(e) Money in the fund at the end of a state fiscal year does not
revert to the state general fund.
(f) Money in the fund is appropriated continuously for the
purposes stated in section 3 of this chapter.
Sec. 3. (a) The division of mental health and addiction may
award a grant from the fund to a probation department or a
community corrections program to increase substance abuse
treatment access for individuals on probation or individuals placed
in a community corrections program who are under court
supervision and who have been diagnosed with a substance abuse
disorder or co-occurring disorder.
(b) To receive a grant under this section, a probation
department or community corrections program and the agency
that will be providing treatment if the grant is approved must
submit an application to the division:
(1) on a form; and
(2) in the manner;
prescribed by the division.
(c) The division shall determine the amount of a grant awarded
under this section in consultation with the Indiana judicial center
and the local probation department or community corrections
program.
(d) Mental health and substance abuse counseling provided by
grants under this section must be contracted for with a certified
mental health or addiction provider as determined by the division
of mental health and addiction.
Sec. 4. The division shall adopt rules under IC 4-22-2 necessary
to implement this chapter.
(1) Adopt rules under IC 4-22-2 to establish and maintain criteria to determine patient eligibility and priority for publicly supported mental health and addiction services. The rules must include criteria for patient eligibility and priority based on the following:
(A) A patient's income.
(B) A patient's level of daily functioning.
(C) A patient's prognosis.
(2) Within the limits of appropriated funds, contract with a
network of providers to provide services in an appropriate setting
that is the least restrictive to individuals who qualify for the
services.
(3) Require the providers of services funded directly by the
division to be in good standing with an appropriate accrediting
body as required by rules adopted under IC 4-22-2 by the
division.
(4) Develop a provider profile that must be used to evaluate the
performance of a provider. A provider's profile must include input
from consumers, citizens, and representatives of the mental health
ombudsman program (IC 12-27-9) regarding the provider's:
(A) information provided to the patient on patient rights before
treatment;
(B) accessibility, acceptability, and continuity of services
provided or requested; and
(C) total cost of care per individual, using state administered
funds.
(5) Ensure compliance with all other performance criteria set
forth in a provider contract. In addition to the requirements set
forth in IC 12-21-2-7, a provider contract must include the
following:
(A) A requirement that the standards and criteria used in the
evaluation of care plans be available and accessible to the
patient.
(B) A requirement that the provider involve the patient in the
choice of and preparation of the treatment plan to the greatest
extent feasible.
(C) A provision encouraging the provider to intervene in a
patient's situation as early as possible, balancing the patient's
right to liberty with the need for treatment.
(D) A requirement that the provider set up and implement an
internal appeal process for the patient.
(6) Establish a toll free telephone number that operates during
normal business hours for individuals to make comments to the
division in a confidential manner regarding services or service
providers.
(7) Develop a confidential system to evaluate complaints and
patient appeals received by the division of mental health and
addiction and to take appropriate action regarding the results of
an investigation. A provider is entitled to request and to have a
hearing before information derived from the investigation is
incorporated into the provider's profile. Information contained
within the provider profile is subject to inspection and copying
under IC 5-14-3-3.
(8) Administer the forensic addiction fund under IC 11-13-2.7.
