Indiana § 11-10-12-5.7 - Assistance in securing treatment for mental illness or addictive disorder upon release or discharge; timing of assistance; Medicaid; use of outside entity

§ 11-10-12-5.7. Assistance in securing treatment for mental illness or addictive disorder upon release or discharge; timing of assistance; Medicaid; use of outside entity

Sec. 5.7. (a) The department shall assist a committed offender who has a mental illness or addictive disorder in securing treatment through an approved Medicaid program, as the authorized representative as described in IC 11-10-3-7 or as a health navigator under the requirements of IC 27-19-2-12, so that the committed offender might be eligible for treatment when the offender is:

(1) released on parole;

(2) assigned to a community transition program;

(3) discharged from the department; or

(4) required to receive inpatient psychiatric services while incarcerated to the extent authorized under federal law.

(b) The department shall provide the assistance described in subsection (a) in sufficient time to ensure that the committed offender will be able to receive treatment at the time the committed offender is:

(1) released on parole;

(2) assigned to a community transition program; or

(3) discharged from the department.

(c) Subject to federal law, an inmate placed in a work release program or other department program involving alternative sentencing programs is eligible for Medicaid covered services.

(d) The department may use a community mental health center (as defined in IC 12-7-2.1-78), hospital, mental health professional, or other provider certified or licensed by the division of mental health and addiction to provide treatment for a mental illness or addictive disorder through the Medicaid program.

(e) The department may permit an offender committed to the department to remain within a treatment facility operated by the department for not more than fourteen (14) days past the offender's mandatory release date, if:

(1) the offender has a serious physical or mental disorder or disability;

(2) the offender is being held in the treatment facility operated by the department until the offender may be placed in a similar treatment setting outside the department;

(3) the department made a good faith effort to timely place the offender in a treatment setting outside the department on or before the offender's mandatory release date; and

(4) the offender:

(A) consents to being held in a treatment facility operated by the department beyond the offender's mandatory release date; or

(B) has been ordered by a court to be committed to a treatment setting outside the department.

As added by P.L.185-2015, SEC.4. Amended by P.L.6-2021, SEC.1; P.L.145-2026, SEC.59.