in-20241113-IR-440240429FNA: The Division of Mental Health and Addiction (division) is soliciting public comment on adding rules at 440 IAC 12 concerning mental health referral programs established under IC 33-23-18. The division seeks comment on the affected citations listed and any other provisions of Title 440 that may be affected by this rulemaking.

Notice of First Public Comment Period LSA Document #24-429 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(a)(1). Sec 3. "Council" has the meaning set forth in IC 33-23-18-1(a)(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(a)(5). Sec. 6. "Referral program" has the meaning set forth in IC 33-23-18-1(a)(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: 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 must 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 that is aggrieved by any adverse action taken under this rule may appeal under IC 4-21.5-3.