March 2022
Indiana Mental Health News & Updates
4.2022 | March 2022 Issue
What is Happening at the Indiana Statehouse:
The following bills were prioritized during the 2022 Indiana Legislative Session:
House Enrolled Act:
House Enrolled Act 1004:
DEPARTMENT OF CORRECTION (FRYE R) Amends and updates certain terms involving direct placement in a community corrections program. Updates the definition of "community corrections program". Specifies that a court may suspend any portion of a sentence and order a person to be placed in a community corrections program for the part of the sentence which must be executed. Provides that a person placed on a level of supervision as part of a community corrections program: (1) is entitled to earned good time credit; (2) may not earn educational credit; and (3) may be deprived of earned good time credit. Provides that when a person completes a placement program, the court may place the person on probation. Provides that a court may commit a person convicted of a Level 6 felony for an offense committed after June 30, 2022, to the department of correction (department), and that, consistent with current law, a court may commit a person convicted of a Level 6 felony for an offense committed before July 1, 2022, to the department only if certain circumstances exist. Establishes certain conditions of parole for a person on lifetime parole and makes the violation of parole conditions and commission of specified other acts by a person on lifetime parole a Level 6 felony, with an enhancement to a Level 5 felony for a second or subsequent offense. Provides that, for purposes of calculating accrued time and good time credit, a calendar day includes a partial calendar day. Makes conforming changes.

House Enrolled Act 1193:
OPIOID LITIGATION (KARICKHOFF M) Amends the deadline by which a political subdivision may opt back in to an opioid litigation settlement. Requires a political subdivision to submit a copy of the agreement executed between the political subdivision and the private legal counsel of the political subdivision when opting back into the opioid litigation settlement. Removes language providing that no political subdivision has any claim to any settlement proceeds for litigation against any opioid party not yet filed by the state as of a certain date. Removes certain requirements concerning the payment of costs, expenses, and attorney's fees and costs arising from opioid litigation. Changes the basis by which the agency settlement fund distributes funds to cities, counties, and towns. Reduces the percentage of opioid litigation settlement funds distributed for use of statewide treatment, education, and prevention programs for opioid use disorder. Provides that 35% of opioid litigation settlement funds are to be distributed to cities, counties, and towns for programs for treatment, prevention, and care that are best practices for opioid use disorder. Provides that funds received from the opioid settlement may not be distributed to a city, county, or town that has opted out of the settlement and that the remaining funds shall be distributed to the cities, counties, or towns that have opted into the settlement.

House Enrolled Act 1222:
VARIOUS FSSA MATTERS (ZIEMKE C) Allows the family and social services administration to deny or revoke licensing for a child care home based on a household member's conviction for certain specified criminal offenses. Removes a limitation specifying that an occupancy provision regarding school-age children in class I child care homes applies only during the school year. Eliminates the bureau of quality improvement services and reassigns the bureau's responsibilities to the bureau of developmental disabilities services. Renames the bureau of child care as the office of early childhood and out of school learning. Amends the required composition of mobile crisis teams that provide behavioral health services in conjunction with the 9-8-8 suicide prevention hotline. Provides that a contract entered into with a third party by the division of mental health and addiction (division) for provision of competency restoration services to a defendant may confer to the third party all authority the division would have in providing the services to the defendant at a state psychiatric institution. Requires the division of mental health and addiction to: (1) establish a plan to expand the use of certified community behavioral health clinics in Indiana; and (2) make certain considerations in preparing the plan. Allows the office of the secretary of family and social services to apply for a Medicaid waiver to provide behavioral health services to a committed offender held by the department of correction. Makes conforming amendments.
Senate Enrolled Act:
Senate Enrolled Act 5:
RECIPROCITY (BROWN L) Requires the office of Medicaid policy and planning to review methods of calculating outlier payments in relation to final reimbursement amounts. Establishes a procedure to grant licenses and certificates to practice certain health care professions in Indiana. Requires the applicant to hold a current license or certificate from another state or jurisdiction and meet other requirements. Allows the applicant who meets certain requirements to apply for a provisional license or provisional certificate. Requires the provisional license or provisional certificate to be issued within 30 days. Provides for penalties for submitting false information on an application for a provisional license or provisional certificate. Requires a board to make a final decision on a license or certificate application before the expiration of a provisional license or provisional certificate. Provides that if a board has a pending application for initial licensure or certification that requires final approval by the board, the board shall meet not more 31 days after the application is ready for approval. Provides that the medical licensing board may not issue a physician's license to an applicant using the reciprocity law beginning July 1, 2026. Eliminates certain requirements for an applicant seeking licensure as a clinical social worker, marriage and family therapist, mental health counselor, addiction counselor, or clinical addiction counselor. Requires the boards that regulate bachelor's degree social workers, social workers, clinical social workers, marriage and family therapists, mental health counselors, licensed addiction counselors, licensed clinical addiction counselors, and respiratory care practitioners to issue a license by reciprocity within 30 days if certain requirements are met. Requires the speech-language pathology and audiology board to, before January 1, 2023, initiate and make every effort to enter into reciprocity agreements with contiguous states for individuals licensed as: (1) a speech-language pathologist; and (2) an audiologist; to practice the individual's profession under the license from one state in the other state.

Senate Enrolled Act 84:
SUICIDE AND DRUG OVERDOSE DEATH REPORTING (LEISING J) Provides that the state department of health (department) shall annually prepare a report concerning all suicide and overdose fatalities in Indiana that occurred during the preceding calendar year. Requires the report to include: (1) the number of fatalities that occurred in each county; (2) the number of fatalities that occurred during each month; (3) the age, sex, and race of each fatality victim; (4) the method of suicide or overdose, including the type of weapon and each substance used; and (5) if known, whether the fatality victim has served in the armed forces of the United States or the national guard. Provides that the first report must also include information from the 2020 calendar year. Requires the department to submit the report and an executive summary of the report to the general assembly and the governor.

Senate Enrolled Act 284:
TELEHEALTH MATTERS (CHARBONNEAU E) Consolidates Medicaid telehealth language. Provides that "health care services" does not include certain case management services, care management services, service coordination services, or care coordination services for purposes of telehealth. Adds occupational therapist assistants, school psychologists, specified developmental therapists, peers, clinical fellows, students and graduates of certain professional programs, physical therapist assistants, and certain community mental health center providers to the definition of "practitioner" for purposes of practicing telehealth. Allows behavior health analysts to temporarily perform telehealth during the time when the professional licensing agency is preparing to implement licensure for the profession.

Senate Enrolled Act 365:
PSYCHOLOGY INTERJURISDICTIONAL COMPACT (BECKER V) Establishes the psychology interjurisdictional compact concerning interjurisdictional telepsychology and the temporary authorization to practice psychology in another compact state. Sets forth requirements of a compact state. Sets forth the duties of the psychology interjurisdictional compact commission.
To view more key behavioral health bills Mental Health America of Indiana is tracking, please click HERE!
What is Happening at Mental Health America of Indiana:
INTRODUCING: The Indiana Behavioral Health Transformation Coalition (IBHTC)

Indiana is still responding to a pandemic unseen before that has cost thousands of lives and changed all others. The state has done an admirable job of ramping up a response to the physical health COVID crisis, but that response is just the beginning of the health response that is needed. As we begin to see the end of the first part of that journey, a behavioral health pandemic has been--and will continue to be--left in its wake. Fortunately, state and national resources are being made available, but how those resources are allocated will impact the behavioral health landscape for years to come. Like Indiana’s physical health response, this behavioral health crisis requires a shared vision and an approach that is collaborative among key behavioral health stakeholders.

The strategy of the coalition is: To mobilize the collective action of key behavioral health stakeholders through education/communication, programing, and advocacy to advance mental health and substance use care in Indiana.  Areas of focus will include services that are: (1) high quality, (2) seamlessly integrated, and (3) accessible.  Solutions to achieve this vision will include policy change at the federal, state, and local levels.  This Coalition effort is to give guidance to policymakers on intended goals and pathways for success toward a transformed system.

Leaders of the undersigned organizations will work collaboratively on the implementation of a shared vision to achieve a common goal—improving and transforming lives.  This landmark effort demonstrates a strong commitment from the leaders in this sector to work together to chart a new course for behavioral health in our state. Each named organization supports this vision, though they may differ on specific pathways to advance our shared goals.
Looking to gain more education in behavioral health? Check out our many training courses offered at the Mental Health America of Indiana Training Institute!
What is Happening Around the State:
The Behavioral Health Commission:
As the governor has appointed our CEO, Steve McCaffrey, as one of the new members of the Indiana Behavioral Health Commission, we hope that you follow along with us! To view the recap of the most recent meeting click the button below!
What is Happening on Capitol Hill:
The White House has outlined a unified agenda on addressing the current and ongoing mental health crisis in the United States. 

The proposed agenda allocates $700 Million to expand mental health programming in the United States. In addition, it lays out an approach to reduce disparities, promote mental health equity, and advance the behavioral health systems in our country.

Through peer supports, workforce expansion, and a focus on marginalized populations, the Administration hopes to transform how mental health is understood, perceived, accessed, treated, and integrated – in and out of health care settings.

Mental Health America of Indiana appreciates the plan's commitments on early intervention -- as the youth mental health crisis has risen in recent years. Over 50% of people will be diagnosed with a mental health condition at some point in their lifetime, we must be ready with a workforce to meet the needs of individuals seeking help. 

This proposal aligns well with many of the initiatives already started by Indiana lawmakers. Mental Health America of Indiana stands ready to work with federal and state leadership to work to bring victory over mental illness for all.
To read more about the strategy to address the nation's mental health crisis, click HERE.
 
Thank You For Supporting Our Mission!
For every dollar raised, Mental Health America of Indiana is able to continue to serve Hoosiers living with mental health conditions and addiction disorders. We hope that you consider giving to our cause and thank you for your support in the fight for victory over mental illness for all!
Thank you to our Annual Sponsors!