Division of Mental Health and Addiction Docket 24-494 Notice

in-20250319-IR-440240494ARA: IC 4-22-2-19 and IC 4-22-2-25 Notices — 440 IAC (LSA #24-494)

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Summary

On behalf of the Family and Social Services’ Division of Mental Health and Addiction (DMHA), I am submitting this notice in compliance with IC 4-22-2-19, which requires an agency to begin the rulemaking process for new rules not later than 60 days after the effective date of the statute that authorizes the rule, unless a notice is filed with the publisher stating the reasons for the agency’s noncompliance. The statutory authority for rulemaking that requires DMHA to promulgate rules is IC 12-23-18-5.8. HEA 1623-2023 requires the amendment of these rules in order for DMHA to comply. The formal rulemaking process did not begin within 60 days of the authorizing statute or HEA 1623-2023’s passage because of the complexities involved with setting forth civil penalties and complying with the necessary statutory rulemaking steps, prior to being able to initiate the rulemaking process.

The agency’s own summary, as published.

The rule, in full

208 words as published, March 19, 2025. View the original →

TITLE 440 DIVISION OF MENTAL HEALTH AND ADDICTION 60 Day Requirement (IC 4-22-2-19) LSA Document #24-494 March 14, 2025 On behalf of the Family and Social Services’ Division of Mental Health and Addiction (DMHA), I am submitting this notice in compliance with IC 4-22-2-19, which requires an agency to begin the rulemaking process for new rules not later than 60 days after the effective date of the statute that authorizes the rule, unless a notice is filed with the publisher stating the reasons for the agency’s noncompliance. The statutory authority for rulemaking that requires DMHA to promulgate rules is IC 12-23-18-5.8. HEA 1623-2023 requires the amendment of these rules in order for DMHA to comply. The formal rulemaking process did not begin within 60 days of the authorizing statute or HEA 1623-2023’s passage because of the complexities involved with setting forth civil penalties and complying with the necessary statutory rulemaking steps, prior to being able to initiate the rulemaking process. DMHA initiated the rulemaking process by publishing its Notice of First Public Comment Period in the Indiana Register on December 11, 2024 (DIN: 20241211-IR-440240494FNA), and anticipates the rule to be approved within the one year deadline under IC 4-22-2-25(a). Amanda DeRoss Senior Attorney Family and Social Services Administration

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