Ind. Code ch. 12-29-2

Ind. Code ch. 12-29-2
in effect

Ind. Code § 12-29-2-1 Application of chapter

Sec. 1. This chapter applies only to the state and local funding of a program of services for individuals with a mental illness that is designated as a community mental health center by the division of mental health and addiction in the division's approval of the program. [Pre-1992 Revision Citation: 16-16-1-6(a).] As added by P.L.2-1992, SEC.23. Amended by P.L.215-2001, SEC.79; P.L.99-2007, SEC.150; P.L.76-2018, SEC.4.

Ind. Code § 12-29-2-1.1 Compensation provided by a community mental health center

Sec. 1.1. Beginning after June 30, 2025, if a community mental health center provides compensation to any individual employee (not including clinical staff), including salary and benefits, in an amount that is four hundred thousand dollars ($400,000) or more per year then the community mental health center is not eligible to receive funding from: (1) local property taxes; or (2) state programs or grants; excluding the Medicaid program. As added by P.L.213-2025, SEC.127.

Ind. Code § 12-29-2-1.2 County financial assistance for community mental health centers; purposes; appropriation

Sec. 1.2. (a) The county executive of a county may authorize the furnishing of financial assistance for the purposes described in subsection (b) to a community mental health center that is located or will be located: (1) in the county; (2) anywhere in Indiana, if the community mental health center is organized to provide services to at least two (2) counties, including the county executive's county; or (3) in an adjacent state, if the center is organized to provide services to Indiana residents, including residents in the county executive's county. If a community mental health center is organized to serve more than one (1) county, upon request of the county executive, each county fiscal body may appropriate money annually from the county's general fund to provide financial assistance for the community mental health center. (b) Assistance authorized under this section shall be used for the following purposes: (1) Constructing a community mental health center. (2) Operating a community mental health center. (c) The appropriation from a county authorized under subsection (a) may not exceed the product of the amount determined under section 2(b)(2) of this chapter for that year multiplied by one and five hundred four thousandths (1.504). (d) For purposes of this subsection, "first calendar year" refers to the first calendar year after 2008 in which the county imposes an ad valorem property tax levy for the county general fund to provide financial assistance under this chapter. If a county did not provide financial assistance under this chapter in 2008, the county, for a following calendar year: (1) may propose a financial assistance budget; and (2) shall refer its proposed financial assistance budget for the first calendar year to the department of local government finance before the tax levy is advertised. The ad valorem property tax levy to fund the budget for the first calendar year is subject to review and approval under IC 6-1.1-18.5-10. As added by P.L.78-2004, SEC.15. Amended by P.L.182-2009(ss), SEC.300.

Ind. Code § 12-29-2-1.5 Nonfederal share of medical assistance payments

Sec. 1.5. For purposes of the required nonfederal share of medical assistance payments under Title XIX of the federal Social Security Act (42 U.S.C. 1396 et seq.), a community mental health center is a governmental unit. As added by P.L.127-2020, SEC.7.

Ind. Code § 12-29-2-2 Funding of operation; amount of funding calculation

Note: This version of section effective until 7-1-2028. See also following version of this section, effective 7-1-2028. Sec. 2. (a) A county shall provide funding for the operation of community mental health centers in the amount determined under subsection (b) or, in the case of Marion County for calendar year 2019, calendar year 2020, and calendar year 2021, the amount determined under subsection (c). (b) Except as provided in subsection (c), the amount of funding under subsection (a) for a calendar year is equal to the following: (1) The county's maximum appropriation amount for the operation of community mental health centers determined under this chapter in the previous calendar year, if the STEP THREE result under the following formula is less than or equal to zero (0): STEP ONE: Determine the amount of the certified levy for funds subject to the civil maximum levy in the immediately preceding calendar year minus the amount of credits granted under IC 6-1.1-20.6 that were allocated to funds subject to the civil maximum levy in the immediately preceding calendar year, as determined by the department of local government finance under IC 6-1.1-20.6-11. STEP TWO: Determine the amount of the certified levy for funds subject to the civil maximum levy in the year prior to the immediately preceding calendar year minus the amount of credits granted under IC 6-1.1-20.6 that were allocated to funds subject to the civil maximum levy in the year prior to the immediately preceding calendar year, as determined by the department of local government finance under IC 6-1.1-20.6-11. STEP THREE: Determine the remainder of the STEP ONE amount minus the STEP TWO amount. (2) If the STEP THREE result under the formula in subdivision (1) is greater than zero (0), then the county's maximum appropriation amount for the operation of community mental health centers determined under this chapter in the previous calendar year, multiplied by the greater of: (A) one (1); or (B) the result of STEP SIX of the following formula: STEP ONE: Determine the maximum levy growth quotient for the year under IC 6-1.1-18.5 minus one (1). STEP TWO: Determine the amount of the certified levy for funds subject to the civil maximum levy in the immediately preceding calendar year minus the amount of credits granted under IC 6-1.1-20.6 that were allocated to funds subject to the civil maximum levy in the immediately preceding calendar year, as determined by the department of local government finance under IC 6-1.1-20.6-11. STEP THREE: Determine the amount of the certified levy for funds subject to the civil maximum levy in the immediately preceding calendar year. STEP FOUR: Determine the result of the STEP TWO amount divided by the STEP THREE amount. STEP FIVE: Determine the product of the STEP ONE amount multiplied by the STEP FOUR result. STEP SIX: Determine the STEP FIVE amount plus one (1). The department of local government finance shall verify the maximum appropriation calculation under this subsection as part of the certification of the county's budget under IC 6-1.1-17. For taxes due and payable in 2020, the department of local government finance shall calculate the maximum appropriation under this subsection as if the taxes were due and payable in 2019. (c) This subsection applies only in calendar year 2019, calendar year 2020, and calendar year 2021. In the case of Marion County, the amount of funding under subsection (a) for a calendar year is determined under this subsection and is equal to the following: (1) For calendar year 2019, the sum of: (A) the actual amount of the appropriations by the county for community mental health centers under this chapter in 2018; plus (B) the result of thirty-three percent (33%) multiplied by the result of: (i) the amount that would have, except for the application of this subsection, applied to the county under subsection (b) for calendar year 2019; minus (ii) the actual amount of the appropriations by the county for community mental health centers under this chapter in 2018. (2) For calendar year 2020, the sum of: (A) the actual amount of the appropriations by the county for community mental health centers under this chapter in 2019; plus (B) the result of sixty-six percent (66%) multiplied by the result of: (i) the amount that would have, except for the application of this subsection, applied to the county under subsection (b) for calendar year 2020; minus (ii) the actual amount of the appropriations by the county for community mental health centers under this chapter in 2019. (3) For calendar year 2021, the amount that would have, except for the application of this subsection, applied to the county under subsection (b) for calendar year 2021. The department of local government finance shall verify the maximum appropriation calculation under this subsection as part of the certification of the county's budget under IC 6-1.1-17. This subsection expires January 1, 2022. (d) The funding provided by a county under this section shall be used solely for: (1) the operations of community mental health centers serving the county; or (2) contributing to the nonfederal share of medical assistance payments to community mental health centers serving the county. [Pre-1992 Revision Citation: 16-16-1-6(b).] As added by P.L.2-1992, SEC.23. Amended by P.L.17-1995, SEC.12; P.L.6-1997, SEC.152; P.L.90-2002, SEC.366; P.L.170-2002, SEC.84; P.L.1-2004, SEC.54 and P.L.23-2004, SEC.56; P.L.78-2004, SEC.16; P.L.224-2007, SEC.102; P.L.123-2008, SEC.3; P.L.2-2014, SEC.74; P.L.153-2014, SEC.18; P.L.184-2016, SEC.27; P.L.197-2016, SEC.114; P.L.247-2017, SEC.32; P.L.76-2018, SEC.5; P.L.257-2019, SEC.82; P.L.159-2020, SEC.60.

Ind. Code § 12-29-2-2 Funding of operation; amount of funding calculation; use of funding

Note: This version of section effective 7-1-2028. See also preceding version of this section, effective until 7-1-2028. Sec. 2. (a) A county shall provide funding for the operation of community mental health centers in the amount determined under subsection (b) or, in the case of Marion County for calendar year 2019, calendar year 2020, and calendar year 2021, the amount determined under subsection (c). (b) Except as provided in subsection (c), the amount of funding under subsection (a) for a calendar year is equal to the following: (1) The county's maximum appropriation amount for the operation of community mental health centers determined under this chapter in the previous calendar year, if the STEP THREE result under the following formula is less than or equal to zero (0): STEP ONE: Determine the amount of the certified levy for funds subject to the civil maximum levy in the immediately preceding calendar year minus the amount of credits granted under IC 6-1.1-20.6 that were allocated to funds subject to the civil maximum levy in the immediately preceding calendar year, as determined by the department of local government finance under IC 6-1.1-20.6-11. STEP TWO: Determine the amount of the certified levy for funds subject to the civil maximum levy in the year prior to the immediately preceding calendar year minus the amount of credits granted under IC 6-1.1-20.6 that were allocated to funds subject to the civil maximum levy in the year prior to the immediately preceding calendar year, as determined by the department of local government finance under IC 6-1.1-20.6-11. STEP THREE: Determine the remainder of the STEP ONE amount minus the STEP TWO amount. (2) If the STEP THREE result under the formula in subdivision (1) is greater than zero (0), then the county's maximum appropriation amount for the operation of community mental health centers determined under this chapter in the previous calendar year, multiplied by the greater of: (A) one (1); or (B) the result of STEP SIX of the following formula: STEP ONE: Determine the maximum levy growth quotient for the year under IC 6-1.1-18.5 minus one (1). STEP TWO: Determine the amount of the certified levy for funds subject to the civil maximum levy in the immediately preceding calendar year minus the amount of credits granted under IC 6-1.1-20.6 that were allocated to funds subject to the civil maximum levy in the immediately preceding calendar year, as determined by the department of local government finance under IC 6-1.1-20.6-11. STEP THREE: Determine the amount of the certified levy for funds subject to the civil maximum levy in the immediately preceding calendar year. STEP FOUR: Determine the result of the STEP TWO amount divided by the STEP THREE amount. STEP FIVE: Determine the product of the STEP ONE amount multiplied by the STEP FOUR result. STEP SIX: Determine the STEP FIVE amount plus one (1). The department of local government finance shall verify the maximum appropriation calculation under this subsection as part of the certification of the county's budget under IC 6-1.1-17. For taxes due and payable in 2020, the department of local government finance shall calculate the maximum appropriation under this subsection as if the taxes were due and payable in 2019. (c) This subsection applies only in calendar year 2019, calendar year 2020, and calendar year 2021. In the case of Marion County, the amount of funding under subsection (a) for a calendar year is determined under this subsection and is equal to the following: (1) For calendar year 2019, the sum of: (A) the actual amount of the appropriations by the county for community mental health centers under this chapter in 2018; plus (B) the result of thirty-three percent (33%) multiplied by the result of: (i) the amount that would have, except for the application of this subsection, applied to the county under subsection (b) for calendar year 2019; minus (ii) the actual amount of the appropriations by the county for community mental health centers under this chapter in 2018. (2) For calendar year 2020, the sum of: (A) the actual amount of the appropriations by the county for community mental health centers under this chapter in 2019; plus (B) the result of sixty-six percent (66%) multiplied by the result of: (i) the amount that would have, except for the application of this subsection, applied to the county under subsection (b) for calendar year 2020; minus (ii) the actual amount of the appropriations by the county for community mental health centers under this chapter in 2019. (3) For calendar year 2021, the amount that would have, except for the application of this subsection, applied to the county under subsection (b) for calendar year 2021. The department of local government finance shall verify the maximum appropriation calculation under this subsection as part of the certification of the county's budget under IC 6-1.1-17. This subsection expires January 1, 2022. (d) A county may meet the funding requirements under this section with any funding source in lieu of or in combination with property taxes but excluding federal funds. (e) The funding provided by a county under this section shall be used solely for: (1) the operations of community mental health centers serving the county; or (2) contributing to the nonfederal share of medical assistance payments to community mental health centers serving the county. (f) Services authorized through a community mental health center certification shall only be provided in the community mental health center's designated county or counties. (g) Notwithstanding subsection (f), the division of mental health and addiction may authorize approval for a community mental health center to provide school based services outside the community mental health center's designated service area. [Pre-1992 Revision Citation: 16-16-1-6(b).] As added by P.L.2-1992, SEC.23. Amended by P.L.17-1995, SEC.12; P.L.6-1997, SEC.152; P.L.90-2002, SEC.366; P.L.170-2002, SEC.84; P.L.1-2004, SEC.54 and P.L.23-2004, SEC.56; P.L.78-2004, SEC.16; P.L.224-2007, SEC.102; P.L.123-2008, SEC.3; P.L.2-2014, SEC.74; P.L.153-2014, SEC.18; P.L.184-2016, SEC.27; P.L.197-2016, SEC.114; P.L.247-2017, SEC.32; P.L.76-2018, SEC.5; P.L.257-2019, SEC.82; P.L.159-2020, SEC.60; P.L.102-2026, SEC.5.

Ind. Code § 12-29-2-3 Repealed

As added by P.L.2-1992, SEC.23. Amended by P.L.79-2002, SEC.2. Repealed by P.L.76-2018, SEC.6.

Ind. Code § 12-29-2-4 Maximum appropriation; allotment to each center; determination

Sec. 4. The amount derived from the calculation under section 2(b) of this chapter or, in the case of Marion County for calendar year 2019, calendar year 2020, and calendar year 2021, the calculation under section 2(c) of this chapter represents the combined maximum appropriation to all centers serving the particular county. The allotment to each center shall be apportioned according to the proportion of: (1) the county's population residing in the primary service area of each center that is certified by the division of mental health and addiction to serve the county; to (2) the total population of the county. [Pre-1992 Revision Citation: 16-16-1-6(d).] As added by P.L.2-1992, SEC.23. Amended by P.L.79-2002, SEC.3; P.L.76-2018, SEC.7.

Ind. Code § 12-29-2-5 Repealed

[Pre-1992 Revision Citation: 16-16-1-6(e).] As added by P.L.2-1992, SEC.23. Amended by P.L.40-1994, SEC.63; P.L.1-2004, SEC.55 and P.L.23-2004, SEC.57. Repealed by P.L.76-2018, SEC.8.

Ind. Code § 12-29-2-6 Repealed

[Pre-1992 Revision Citation: 16-16-1-6(f).] As added by P.L.2-1992, SEC.23. Repealed by P.L.78-2004, SEC.25.

Ind. Code § 12-29-2-7 Appropriation

Sec. 7. The county fiscal body shall appropriate and approve the money necessary to carry out this chapter. [Pre-1992 Revision Citation: 16-16-1-7.] As added by P.L.2-1992, SEC.23.

Ind. Code § 12-29-2-8 Repealed

[Pre-1992 Revision Citation: 16-16-1-9(a) part.] As added by P.L.2-1992, SEC.23. Repealed by P.L.37-1998, SEC.1.

Ind. Code § 12-29-2-9 Repealed

[Pre-1992 Revision Citation: 16-16-1-9(a) part.] As added by P.L.2-1992, SEC.23. Repealed by P.L.37-1998, SEC.1.

Ind. Code § 12-29-2-10 Repealed

[Pre-1992 Revision Citation: 16-16-1-9(a) part.] As added by P.L.2-1992, SEC.23. Repealed by P.L.37-1998, SEC.1.

Ind. Code § 12-29-2-11 Repealed

[Pre-1992 Revision Citation: 16-16-1-9(a) part.] As added by P.L.2-1992, SEC.23. Repealed by P.L.37-1998, SEC.1.

Ind. Code § 12-29-2-12 Repealed

[Pre-1992 Revision Citation: 16-16-1-10.] As added by P.L.2-1992, SEC.23. Repealed by P.L.37-1998, SEC.1.

Ind. Code § 12-29-2-13 Lake County; additional funding of centers; property tax levy increase; requirements

Sec. 13. (a) This section applies to Lake County. (b) In addition to any other appropriation under this article, the county annually may fund each center serving the county from the county's general fund in an amount not exceeding the following: (1) For 2004, the product of the amount determined under section 2(b)(1) of this chapter multiplied by seven hundred fifty-two thousandths (0.752). (2) For 2005 and each year thereafter, the product of the amount determined under section 2(b)(2) of this chapter for that year multiplied by seven hundred fifty-two thousandths (0.752). (c) The receipts from the tax levied under this section shall be used for the leasing, purchasing, constructing, or operating of facilities for community based residential programs (as defined in IC 12-7-2.1-76) for individuals with a mental illness. (d) Money appropriated under this section must be: (1) budgeted under IC 6-1.1-17; and (2) included in the center's budget submitted to the division of mental health and addiction. (e) Permission for a levy increase in excess of the levy limitations may be ordered under IC 6-1.1-18.5-15 only if the levy increase is approved by the division of mental health and addiction for a community mental health center. [Pre-1992 Revision Citation: 16-16-1-6.5.] As added by P.L.2-1992, SEC.23. Amended by P.L.40-1994, SEC.64; P.L.6-1995, SEC.36; P.L.6-1997, SEC.153; P.L.215-2001, SEC.80; P.L.78-2004, SEC.17; P.L.99-2007, SEC.151; P.L.143-2011, SEC.30; P.L.145-2026, SEC.91.

Ind. Code § 12-29-2-14 Operation by uncertified entity; investigations; penalties

Sec. 14. (a) An entity may not: (1) hold itself out to be a community mental health center; or (2) use the term "community mental health center"; unless the entity is certified by the division of mental health and addiction. (b) The division of mental health and addiction shall investigate a report that an entity is operating as a community mental health center without the approval of the division of mental health and addiction and report the division's findings to the attorney general. (c) Upon receiving a report made under subsection (b), the attorney general may do the following: (1) Seek the issuance of a search warrant to assist in the investigation. (2) File an action for injunctive relief to stop the operation of the entity that is the subject of the report if there is reasonable cause to believe that the entity is operating without the required approval of the division of mental health and addiction. (3) File an action for injunctive relief to stop the entity that is the subject of the report from using the term "community mental health center". (4) Seek in a civil action a civil penalty of not more than one hundred dollars ($100) a day for each day an entity is operating without the required approval of the division of mental health and addiction. (d) An opportunity for an informal meeting with the division of mental health and addiction must be provided after the injunctive relief is ordered. (e) The civil penalties collected under this section must be deposited in the state general fund. As added by P.L.111-1997, SEC.6. Amended by P.L.215-2001, SEC.81; P.L.201-2023, SEC.142.

Ind. Code § 12-29-2-15 Member of county fiscal body or county board of commissioners as a member of the board

Sec. 15. (a) A community mental health center that: (1) is certified by the division of mental health and addiction; and (2) is not administered by a hospital licensed under IC 16-21-2; shall include a member of a county fiscal body or a member of a board of county commissioners (or the designee of the member of the board of county commissioners) on the center's governing board. The member shall be selected by the board of county commissioners of the county where the community mental health center maintains its corporate mailing address. The member of the county fiscal body or board of county commissioners selected under this subsection (or the designee of a member of the board of county commissioners selected under this subsection) must reside in one (1) of the counties in the community mental health center's primary service area. In addition to the county where the center maintains its corporate mailing address, the other counties that are located in the center's primary service area may opt-in under subsection (c) to select a member to serve on the center's governing board. (b) A community mental health center that: (1) is certified by the division of mental health and addiction; and (2) is administered by a hospital licensed under IC 16-21-2; shall include a member of a county fiscal body or a member of a board of county commissioners (or the designee of the member of the board of county commissioners) on the center's advisory board. The member shall be selected by the board of county commissioners of the county where the community mental health center maintains its corporate mailing address. The member of the county fiscal body or board of county commissioners selected under this subsection (or the designee of a member of the board of county commissioners selected under this subsection) must reside in one (1) of the counties in the community mental health center's primary service area. In addition to the county where the center maintains its corporate mailing address, the other counties that are located in the center's primary service area may opt-in under subsection (c) to select a member to serve on the center's advisory board. (c) Subject to subsections (d), (e), and (f), each county that is located in a community mental health center's primary service area (other than the county where the center maintains its corporate mailing address) may opt-in under this subsection to select a member of the county fiscal body or a member of a board of county commissioners (or the designee of the member of the board of county commissioners) to serve on the center's governing or advisory board, whichever is applicable. In order to opt-in under this subsection, the board of county commissioners of the county must adopt an ordinance by majority vote to do so. The following apply if one (1) or more counties opt-in to select a member under this subsection to serve on the governing or advisory board of a community mental health center under subsection (a) or (b): (1) The community mental health center's governing or advisory board shall include one (1) member from each county that opts-in under this subsection and is selected as set forth in this subsection, subject to subsections (d), (e), and (f). (2) The members selected to serve under subdivision (1) shall serve a three (3) year term. At the conclusion of an initial member's term, the selecting county, after voting again by majority vote to opt-in under this subsection, shall select a member as set forth in this subsection to serve a subsequent three (3) year term. (3) A county may, at any time, opt-in under this subsection to select a member to serve on a center's governing or advisory board. When a county adopts an ordinance to opt-in under this subsection, that county shall be placed on an alphabetical rotation of service for purposes of subsection (f). (d) Not withstanding any other provision of this section, in the event the United States Health Resources and Services Administration or another federal agency determines that board selections under this section would result in a reduction in federal funds for the community mental health center or its affiliated federal qualified health center or negatively impact eligibility of the community mental health center or affiliated federal qualified health center to receive any federal funds, the community mental health center shall provide documentation to the division of mental health and addiction and the county commissioners in each county served by the center that documents the determination by the United States Health Resources and Services Administration or another federal agency that federal funds will be reduced or eligibility to receive federal funds would be negatively impacted due to the board selection as provided in this section. (e) If a determination under subsection (d) is made, the number of seats on the center's governing or advisory board filled under this section shall be reduced by the community mental health center, in coordination with the county commissioners of the counties served by the community mental health center, by only the amount necessary to achieve compliance with federal regulations. (f) The number of members selected to serve on a community mental health center's governing or advisory board under this section may not exceed three (3) members as follows: (1) One (1) member appointed by the county where the community mental health center maintains its corporate mailing address under subsection (a) or (b), whichever is applicable. (2) Not more than two (2) additional members appointed by counties that have opted-in under subsection (c) to select a member to serve, but subject to subsection (e). If initially more than two (2) counties adopt ordinances under subsection (c) to opt-in to select a member to serve, all of the counties shall be placed in alphabetical order and the first two (2) counties appearing in that order shall be authorized under subsection (c) to opt-in and select a member to serve. The remaining county or counties shall not select a member to serve as set forth in subsection (c) unless and until a county that was initially or is currently authorized under subsection (c) to opt-in chooses to no longer do so, in which case all of the counties that have adopted an ordinance but are not authorized to select a member to serve under this subsection shall be placed in alphabetical order and the first county appearing in that order shall be authorized under subsection (c) to opt-in and select a member to serve. As added by P.L.79-2002, SEC.4. Amended by P.L.123-2008, SEC.4; P.L.76-2018, SEC.9; P.L.236-2023, SEC.126.

Ind. Code § 12-29-2-16 Annual report to county fiscal body and county board of commissioners; report by the division of mental health and addiction

Note: This version of section effective until 7-1-2028. See also following version of this section, effective 7-1-2028. 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 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); (2) determine the measures to be used concerning performance required by subsection (a)(9); and (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, 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 website. As added by P.L.79-2002, SEC.5. Amended by P.L.123-2008, SEC.5; P.L.76-2018, SEC.10; P.L.59-2024, SEC.2.

Ind. Code § 12-29-2-16 Annual report to county fiscal body, county board of commissioners, and division of mental health and addiction

Note: This version of section effective 7-1-2028. See also preceding version of this section, effective until 7-1-2028. 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 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); (2) determine the measures to be used concerning performance required by subsection (a)(9); and (3) include a summary of that information in the annual report prepared by the division under subsection (c). (c) A community mental health center that is certified by the division of mental health and addiction shall annually provide to the county fiscal body of each county located in the community mental health center's primary service area, the board of county commissioners of each county located in the community mental health center's primary service area, and the division of mental health and addiction a report that includes the following: (1) An overview of the total funding provided to the community mental health center during the year under this chapter, including the following: (A) The total amount of revenue received from the county under this chapter. (B) The total amount of expenditures made from revenue received from the county under this chapter. (C) The total amount of expenditures by category from revenue received from the county under this chapter. (D) The total amount of expenditures on services from revenue received from the county under this chapter, and as a percent of the total revenue received from the county under this chapter. (E) The total amount of 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 center 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, of the overall outcomes of the treatment provided to patients of the community mental health center. (4) A summary of the information provided by the community mental health center in the annual reports provided under subsection (a), and an explanation of any differences between the patient count information provided by the community mental health center in those reports and the patient count information included in the report under this subsection. As added by P.L.79-2002, SEC.5. Amended by P.L.123-2008, SEC.5; P.L.76-2018, SEC.10; P.L.59-2024, SEC.2; P.L.102-2026, SEC.6.

Ind. Code § 12-29-2-17 Issuing county bonds for construction, equipment, or improvement

Sec. 17. (a) Bonds of a county may be issued for the construction and equipment or the improvement of a building to house a community mental health center. (b) If services are provided to at least two (2) counties: (1) bonds of the counties involved may be issued to pay the proportionate cost of the project in the proportion determined and agreed upon by the fiscal bodies of the counties involved; or (2) bonds of one (1) county may be issued and the remaining counties may annually appropriate to the county issuing the bonds amounts to be applied to the payment of the bonds and interest on the bonds in the proportion agreed upon by the county fiscal bodies of the counties involved. As added by P.L.78-2004, SEC.18.

Ind. Code § 12-29-2-18 Application of all general statutes relating to issuance of bonds

Sec. 18. All general Indiana statutes relating to the following apply to the issuance of county bonds under this chapter: (1) The filing of a petition requesting the issuance of bonds. (2) The giving of notice of the following: (A) The filing of the petition requesting the issuance of the bonds. (B) The determination to issue bonds. (C) A hearing on the appropriation of the proceeds of the bonds. (3) The right of taxpayers to appear and be heard on the proposed appropriation. (4) The approval of the appropriation by the department of local government finance. (5) The right of: (A) taxpayers and voters to remonstrate against the issuance of bonds in the case of a proposed bond issue described by IC 6-1.1-20-3.1(a); or (B) voters to vote on the issuance of bonds in the case of a proposed bond issue described by IC 6-1.1-20-3.5(a). As added by P.L.78-2004, SEC.19. Amended by P.L.219-2007, SEC.97; P.L.146-2008, SEC.420.

Ind. Code § 12-29-2-19 County property of building if bond issued; nonapplication of tax limitations

Sec. 19. If bonds are issued under this chapter: (1) the building that is constructed, equipped, or improved with proceeds of the bonds is: (A) the property of the county issuing the bonds; or (B) the joint property of the counties involved if the bonds are issued by at least two (2) counties; and (2) the tax limitations in this chapter do not apply to the levy of taxes to pay the bonds and the interest on the bonds. As added by P.L.78-2004, SEC.20.

Ind. Code § 12-29-2-20 County payments; certification of federal financial participation eligibility

Sec. 20. (a) Unless otherwise agreed to by the county and the community mental health center, the county payment to the community mental health center shall be paid by the county treasurer to the treasurer of each community mental health center's board of directors at least as frequently as provided in the following: (1) One-half (1/2) of the county payment to the community mental health center shall be made on the second Monday in July. (2) One-half (1/2) of the county payment to the community mental health center shall be made on the second Monday in December. (b) A county making a payment under this section or from other county sources to a community mental health center that qualifies as a community mental health center disproportionate share provider under IC 12-15-16-1 shall certify that the payment represents expenditures eligible for financial participation under 42 U.S.C. 1396b(w)(6)(A) and 42 CFR 433.51. The office shall assist a county in making this certification. (c) Payments by the county fiscal body must be in the amounts: (1) determined by sections 2 through 4 of this chapter; and (2) authorized by sections 1.2 and 13 of this chapter. As added by P.L.78-2004, SEC.21. Amended by P.L.123-2008, SEC.6; P.L.76-2018, SEC.11.

Ind. Code § 12-29-2-21 Acute care hospital certification as a community mental health center

Sec. 21. (a) Subject to subsection (c), an acute care hospital that is: (1) established and operated under IC 16-22-2, IC 16-22-8, or IC 16-23; and (2) licensed under IC 16-21; may apply to the division of mental health and addiction for certification as a community mental health center in the form and manner prescribed by the division of mental health and addiction. The division of mental health and addiction shall, upon receipt of an application for certification, review the application. The review shall be conducted in a timely manner. (b) The division of mental health and addiction shall: (1) ensure an applicant meets all organizational and operational standards, including standards concerning services, governance, quality, and financial obligations required for community mental health centers; and (2) review an application without consideration for previously established exclusive geographic primary service restrictions. (c) Notwithstanding subsection (a), a person that was certified as a community mental health center by the division of mental health and addiction before January 1, 2024, may: (1) maintain certification, if the division of mental health and addiction determines the person continues to meet certification requirements; or (2) as necessary, apply for recertification. As added by P.L.156-2024, SEC.27.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://iga.in.gov/laws/2026/ic/titles/12Fetched: 10/17/2026

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