in-20251203-IR-440240429FRA: Adds 440 IAC 12 concerning mental health referral programs established under IC 33-23-18. Effective 30 days after filing with the publisher.

TITLE 440 DIVISION OF MENTAL HEALTH AND ADDICTION Final Rule LSA Document #24-429 DIGEST MENTAL HEALTH REFERRAL PROGRAMS Adds 440 IAC 12 concerning mental health referral programs established under IC 33-23-18. Effective 30 days after filing with the publisher. HISTORY Notice of First Public Comment Period: 20241113-IR-440240429FNA Regulatory Analysis submitted with Notice of First Public Comment Period: 20241113-IR-440240429RAA 60 Day Requirement: 20241113-IR-440240429ARA Date of First Hearing: December 16, 2024 One Year Requirement: 20250625-IR-440240429ARA Notice of Second Public Comment Period: 20250730-IR-440240429SNA Date of Second Hearing: September 8, 2025 CITATIONS AFFECTED: 440 IAC 12 SUMMARY/RESPONSE TO COMMENTS The Division of Mental Health and Addiction (division) requested public comment from November 13, 2024, through December 16, 2024, and during the public hearing on December 16, 2024. The comments received and the division's responses to the comments are summarized as follows: Commentor: Emily Munson, Indiana Disability Rights Summary of Comments: Indiana Disability Rights suggested that the division (1) consider requiring the publication of MHRP guidelines due to concerns of potential transparency and accessibility issues; (2) modify proposed 440 IAC 12-3-2(b)(3) for increased clarity due to concerns with the proposed referral timeline; (3) add an additional requirement to proposed 440 IAC 12-3-2(b) that councils include complaint or grievance procedures within their respective guidelines; and (4) provide precise information as to the division's procedures for investigating complaints. Response to Indiana Disability Rights: Comment 1: The division appreciates the feedback of Indiana Disability Rights. The division feels that requiring the publication of MHRP guidelines by either the councils, especially for smaller, rural counties, or division may be unduly burdensome, but also recognizes the need to have these guidelines available to the public. The division considers it necessary to add language to proposed 440 IAC 12-3-2 requiring the council to make approved guidelines available to the public upon request. Comment 2: The division appreciates the feedback of Indiana Disability Rights. The division does not feel that it is necessary to modify the language in proposed 440 IAC 12-3-2(b)(3). The language as written sets a maximum timeframe and balances the need for a timely assessment with the court resources towards issuing the orders and making the referrals as well as the availability of referrals, especially in rural counties. Comment 3: The division appreciates the feedback of Indiana Disability Rights. The division feels it is necessary to add additional language in 440 IAC 12-3-2(b) requiring the council's guidelines to include the council's complaint and grievance procedures. Comment 4: The division appreciates the feedback of Indiana Disability Rights. The division does not feel that it is necessary to modify the rule to include division's procedures for investigating complaints because the complaint investigation process is confidential pursuant to IC 12-21.5-5-1.5(a)(7). The division does feel that it is necessary to modify proposed 440 IAC 12-3-5(b) to provide that division may investigate or refer back to the council to conduct an investigation. The division requested public comment again from July 30, 2025, through September 8, 2025, and during the public hearing on September 8, 2025. The division received no comments during the second public comment period or public hearing. FINAL RULE Sec. 1. The purpose of this article is to set forth rules for the mental health referral programs created under IC 33-23-18. Sec. 1. The definitions in this rule apply throughout this article. Sec. 2. "Assessor" has the meaning set forth in IC 33-23-18-1(1). Sec. 3. "Council" has the meaning set forth in IC 33-23-18-1(2). Sec. 4. "Division" means the division of mental health and addiction. Sec. 5. "Qualified adult" has the meaning set forth in IC 33-23-18-1(5). Sec. 6. "Referral program" has the meaning set forth in IC 33-23-18-1(6). Sec. 1. (a) To establish a referral program under IC 33-23-18-2, a council shall: (b) A referral program may not operate until it has received written authorization to do so by the division. (c) A referral program shall be authorized so long as the guidelines submitted comply with section 2 of this rule. Sec. 2. (a) A referral program must operate in accordance with its submitted guidelines. (b) The guidelines of a referral program must include the following: (c) The council shall make the approved guidelines available to the public on request. Sec. 3. A council may choose to amend the referral program guidelines at any time, so long as the change is submitted to the division before carrying out the amendments. Sec. 4. Treatment providers in the referral program shall be licensed or certified under the following requirements: Sec. 5. (a) A mental health referral program that has applied for authorization, or that the division has previously authorized, shall provide information requested by the division to determine compliance with the requirements of IC 33-23-18 or this article within fourteen (14) days unless an extension is agreed upon by the program and the division. (b) If the division receives allegations that warrant an investigation: (c) A referral program's failure to comply with a request from the division may result in removal of authorization for the referral program under section 6 of this rule. Sec. 6. If a mental health referral program fails to comply with the requirements established under this article or IC 33-23-18, the division may use the remedies provided in IC 33-23-18-8 for a program that is not compliant. Sec. 7. A council aggrieved by any adverse action taken under this rule may appeal under IC 4-21.5-3. LSA Document #24-429 Notice of First Public Comment Period: November 13, 2024 One Year Requirement: June 25, 2025 Approved by Attorney General: November 4, 2025 Approved by Governor: November 4, 2025 Filed with Publisher: November 5, 2025, 11:43 a.m. Documents Incorporated by Reference: None Received by Publisher Small Business Regulatory Coordinator: Rebecca Buhner, Indiana Family and Social Services Administration, Division of Mental Health and Addiction, Indiana Government Center South, 402 West Washington Street, Room W353, Indianapolis, IN 46204, (317) 232-7935, rebecca.buhner@fssa.in.gov