Section 440 IAC 5-1-2 - DefinitionsAuthority: IC 12-8-1.5-9; IC 12-24-19-6
Affected: IC 12-21-2-3; IC 12-21-2-7; IC 12-24-19; IC 12-26-6; IC 12-26-7; IC 23-17
Sec. 2.
The following definitions apply throughout this rule:
(1) "Consumer" means an adult or child who has been discharged or transferred from a state institution administered by the division of mental health and addiction to which the individual was admitted for voluntary treatment or was involuntarily committed.(2) "Discharged from a state institution" means the final and complete release of an individual with mental illness from the care, treatment, training, or detention at a state facility operated by the division of mental health and addiction to which the individual was admitted for voluntary treatment or was involuntarily committed. The term does not include an individual whose commitment is transferred to another state institution.(3) "Discharged from commitment" means that the court has entered an order terminating a commitment on an individual.(4) "Gatekeeper" means the following:(A) The community mental health center which facilitated the consumer's entry into the state institution after July 1, 1994.(B) For consumers who entered the state institution before July 1, 1994, the community mental health center which would have been designated to facilitate the consumer's entry into the state institution if the consumer had entered the institution after July 1, 1994.(C) The community mental health center or managed care provider that agrees to accept the gatekeeper function for a particular patient when the original gatekeeper agrees to transfer that function and, when doing so, it is in the best interest of the consumer.(5) "Managed care provider" means an organization:(A) that: (i) for mental health services, is defined under 42 U.S.C. 300x-2c;(ii) provides addiction services; or(iii) provides children's mental health services;(B) that has entered into a provider agreement with the division of mental health and addiction under IC 12-21-2-7 to provide a continuum of care in the least restrictive, most appropriate setting; and(C) that is operated by at least one (1) of the following:(i) A city, town, county, or other political subdivision of Indiana. (ii) An agency of Indiana or of the United States.(iii) A political subdivision of another state.(iv) A hospital owned or operated by:(AA) a unit of government; or(BB) a building authority that is organized for the purpose of constructing facilities to be leased to units of government. (v) A corporation incorporated under IC 23-7-1.1 (before its repeal August 1, 1991) or IC 23-17.(vi) An organization that is exempt from federal income taxation under Section 501(c)(3) of the Internal Revenue Code. (vii) A university or college.(6) "State institution" means a state facility operated by the division of mental health and addiction.(7) "Transferred from a state institution" means the transfer of the commitment of an individual committed under IC 12-26-6 or IC 12-26-7 to a community mental health center or a health facility.Division of Mental Health and Addiction; 440 IAC 5-1-2; filed Jun 14, 1995, 11:00 a.m.: 18 IR 2777; readopted filed May 10, 2001, 2:30 p.m.: 24 IR 3235; filed Nov 4, 2002, 12:09 p.m.: 26 IR 746; readopted filed Apr 7, 2008, 3:40 p.m.: 20080507-IR-440070745RFA; Readopted filed 8/11/2014, 11:21 a.m.: 20140910-IR-440140240RFAReadopted filed 11/9/2020, 3:09 p.m.: 20201209-IR-440200502RFA