Section 440 IAC 7.5-1-1 - DefinitionsAuthority: IC 12-21-2-3
Affected: IC 12-7-2-40.6; IC 12-21-2-7; IC 12-23-17; IC 12-24-12-2; IC 12-24-12-10; IC 12-26; IC 16-36-1; IC 23-17; IC 30-5-5-16; 42 U.S.C. 300x-2(c)
Sec. 1.
The following definitions apply throughout this article:
(1) "Addiction" means alcoholism or addiction to: (A) narcotic or other drugs; or(2) "Addiction services provider" means an organization certified by the division to provide a structured facility designed for the: (C) rehabilitation; of individuals addicted to alcohol or drugs.(3) "Agency" means: (A) a community mental health center certified by the division under 440 IAC 4.1;(B) a managed care provider certified by the division under 440 IAC 4.3;(C) a residential care provider certified by the division under 440 IAC 6; or(D) an addiction services provider with regular certification certified by the division under 440 IAC 4.4-2-3 that administers a residential living facility.(4) "Alternative family for adults (AFA) program" means a program that serves six (6) or fewer individuals who: (A) have a psychiatric disorder or addiction, or both; and(B) reside with an unrelated householder.(5) "Apartment building" means any building or portion thereof that contains three (3) or more dwelling units and includes condominiums.(6) "Case management" means goal oriented activities that locate, facilitate, provide access to, coordinate, or monitor the full range of basic human needs, treatment, and service resources for individual consumers. The term includes, where necessary and appropriate for the consumer, the following: (A) Assessment of the consumer.(D) Providing access to and training the consumers to utilize basic community resources.(E) Assistance in daily living.(F) Assistance for the consumer to obtain services necessary for meeting basic human needs.(G) Monitoring of the overall delivery of services.(H) Assistance in obtaining the following:(i) Rehabilitation services and vocational opportunities.(v) Health supplies and prescriptions.(7) "Case manager" means an individual who provides case management activities.(8) "Community mental health center" or "CMHC" means a mental health facility that the division has certified as fulfilling the statutory and regulatory requirements to be a community mental health center.(9) "Congregate residence" means a residential living facility that is located in any building or portion thereof that contains facilities for living, sleeping, and sanitation, and includes facilities for eating and cooking, for occupancy by other than a family.(10) "Consumer" means an individual with a psychiatric disorder or addiction, or both.(11) "Continuum of care" means a range of required services provided by a community mental health center or a managed care provider. The term includes the following: (A) Individualized treatment planning to increase consumer coping skills and symptom management, which may include any combination of services listed under this section.(B) Twenty-four (24) hour a day crisis intervention.(C) Case management to fulfill individual consumer needs, including assertive case management when indicated.(D) Outpatient services, including the following: (i) Intensive outpatient services.(ii) Substance abuse services.(E) Acute stabilization services, including detoxification services.(F) Residential services.(H) Family support services.(I) Medication evaluation and monitoring. (J) Services to prevent unnecessary and inappropriate treatment and hospitalization and the deprivation of a person's liberty.(12) "Crisis intervention" means services in response to a psychiatric disorder or addiction emergency, either provided directly by the provider or made available by arrangement with a medical facility or an individual physician licensed under Indiana law.(13) "Division" means the Indiana division of mental health and addiction or its duly authorized agent.(14) "Dwelling unit" means a single unit providing complete, independent living facilities for one (1) or more persons, including permanent provisions for: (15) "Evacuation capability" means the ability of the occupants, residents, and staff, as a group, to evacuate the building. Evacuation capability is classified as follows: (A) Prompt evacuation capability is equivalent to the capability of the general population when applying the requirements of this article.(B) Slow evacuation is the capability of the group to evacuate the building in a timely manner, with some of the residents requiring assistance from the staff. (C) Impractical evacuation capability occurs when the group, even with staff assistance, cannot reliably evacuate the building in a timely manner. The evacuation capability of the residents and staff is a function of both the ability of the residents to evacuate and the assistance provided by the staff. Evacuation capability in all cases is based on the time of day or night when evacuation would be most difficult, that is, sleeping residents, loss of power, severe weather, or fewer staff present.
(16) "Family" means an individual or two (2) or more persons related by blood or marriage or a group of ten (10) or fewer persons who need not be related by blood or marriage living together in a single dwelling unit.(17) "Gatekeeper" means an agency identified in IC 12-24-12-2 or IC 12-24-12-10 that is actively involved in the evaluation and planning of treatment for an individual committed to a state institution beginning after the commitment through the planning of the individual's transition back into the community, including case management services for the individual in the community.(18) "Householder" means the occupant owner or leaseholder of the residence used in the alternative family program.(19) "Household member" means any person living in the same physical residence as a consumer living in a residential living facility licensed or certified under this rule.(20) "Individualized treatment plan" means a written plan of care and intervention developed for an individual by a treatment team in collaboration with the individual and, when appropriate, the individual's family or guardian.(21) "Legal representative" means: (A) a health care representative appointed under IC 16-36-1;(B) an attorney-in-fact for health care who was appointed by the resident when the resident was competent under IC 30-5-5-16;(C) a court appointed guardian for health care decisions; or(D) the resident's parent, adult sibling, adult child, or spouse who is acting as the resident's health care representative under IC 16-36-1 when: (i) no formal appointment of a health care representative has been made; and(ii) the resident is unable to make health care decisions.(22) "Managed care provider" or "MCP" means an organization: (A) that: (i) for mental health services, is defined under 42 U.S.C. 300x-2(c);(ii) provides addiction services; or(iii) provides children's mental health services;(B) that has entered into a provider agreement with the division under IC 12-21-2-7 to provide a continuum of care as defined in IC 12-7-2-40.6 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.(23) "Psychiatric disorder" means a mental disorder or disease. The term does not include the following: (B) A developmental disability.(D) Addiction to narcotic or other drugs.(E) Addiction to gambling.(24) "Representative payee" means a person appointed by the United States: (A) Social Security Administration;(B) Office of Personnel Management;(C) Department of Veterans Affairs; or(D) Railroad Retirement Board; to provide one (1) or more financial management services in order to assist an individual who is receiving government benefits and is medically incapable of making responsible financial decisions.(25) "Resident" means an individual who is living in a residential living facility.(26) "Residential care provider" or "RCP" means a provider of residential care that has been certified by the division as one (1) of the following: (A) A community mental health center.(B) A managed care provider.(C) A residential care provider.(D) An addiction services provider with regular certification.(27) "Residential director" means an individual whose primary responsibility is to administer and operate the residential facility.(28) "Residential living facility" means: (A) a sub-acute stabilization facility;(B) a supervised group living facility; (C) a transitional residential services facility;(D) a semi-independent living facility defined under IC 12-22-2-3[IC 12-22-2-3 was repealed by P.L. 143-2011, SECTION 31, effective July 1, 2011.]; and(E) alternative family homes operated solely by resident householders under this rule.(29) "Residential staff" or "staff" means all individuals who the agency employs or with whom the agency contracts to provide direct services to the residents in the residential living facility.(30) "Resident living allowance" is a sum of money paid to a consumer when that consumer's personal resources are not adequate to maintain the consumer in a therapeutic living environment.(31) "Respite care" means temporary residential care to provide: (A) relief for a caregiver; or(B) transition during a stressful situation.(32) "Semi-independent living facility" or "SILP" means a facility: (A) that is not licensed by another state agency and serves six (6) or fewer individuals with a psychiatric disorder or an addiction, or both, per residence who require only limited supervision; and(B) in which the agency or its subcontractor: (i) provides a resident living allowance to the resident; or(ii) owns, leases, or manages the residence.(33) "Sub-acute stabilization facility" or "SUB ACUTE" means a twenty-four (24) hour facility for the treatment of psychiatric disorders or addictions, and that is more restrictive than a supervised group living facility and less restrictive than an inpatient facility.(34) "Supervised group living facility" or "SGL" means a residential facility that provides a therapeutic environment in a home-like setting to persons with a psychiatric disorder or addiction who need the benefits of a group living arrangement as post-psychiatric hospitalization intervention or as an alternative to hospitalization.(35) "Therapeutic living environment" means a living environment: (A) in which the staff and other residents contribute; and(B) that presents no physical or social impediments; to the habilitation and rehabilitation of the resident.(36) "Transitional residential facility" or "TRS" means a twenty-four (24) hour per day service that provides food, shelter, and other support services to individuals with a psychiatric disorder or addiction who are in need of a short term supportive residential environment.(37) "Treatment team" minimally consists of the following: (B) The resident's case manager.(C) The appropriate staff of the residential facility.(D) Persons from other agencies who design and provide a direct treatment service for the resident. (E) If the resident has a legal representative, the team shall include the legal representative.Division of Mental Health and Addiction; 440 IAC 7.5-1-1; filed Jun 10, 2002, 2:25 p.m.: 25 IR 3127; filed Mar 30, 2005, 3:00 p.m.: 28 IR 2356; readopted filed Nov 5, 2008, 3:50 p.m.: 20081119-IR-440080742RFA; readopted filed Jul 21, 2011, 9:39 a.m.: 20110817-IR-440110249RFAReadopted filed 6/19/2017, 10:11 a.m.: 20170719-IR-440170221RFAReadopted filed 5/10/2023, 2:25 p.m.: 20230607-IR-440230142RFA