Section 440 IAC 4.1-3-4 - Changes of the exclusive geographic primary service areasAuthority: IC 12-21-2-3; IC 12-29-2-1; IC 12-29-2-16
Affected: IC 4-21.5-3; IC 12-7-2-40.6
Sec. 4.
(a) To change an exclusive geographic primary service area, a request to change an exclusive geographic primary service area must be made by the county commissioners or by a community mental health center (CMHC) to the director of the division of mental health and addiction.(b) A CMHC may not request to be divested of the responsibility of a county that it has been assigned as a part of its exclusive geographic primary service area.(c) A CMHC that is under a conditional certification status from the division of mental health and addiction or under a conditional accreditation status is not eligible to add territory in a change of an exclusive geographic primary service area.(d) The notice of a request shall be made at least eighteen (18) months prior to the requested effective date of the change.(e) Except in emergencies, as determined by the director, changes in the exclusive geographic primary service areas for purposes of IC 12-29 shall take effect on the next July 1.(f) The director shall notify all regularly certified CMHCs when a request to change an exclusive geographic primary service area is received.(g) A CMHC may concur with the change in writing. (h) If the CMHCs affected by the request do not concur fully with the requested change, the director shall appoint a hearing officer under IC 4-21.5-3 to consider the evidence and issue an order regarding the requested change of an exclusive geographic primary service area.(i) The hearing officer shall issue an order based on the following information regarding the CMHCs serving the contested area:(1) An unduplicated count of consumers served in the contested area, as reported to the division of mental health and addiction on the consumer service data system during the current and the average of two (2) previous fiscal years.(2) The availability of accessible services and the past delivery of those services to residents of the contested area.(3) The completeness of the continuum of care, defined at IC 12-7-2-40.6, available in the contested area.(4) The geographic accessibility of services.(5) Information from and preferences of local community advocates and officials.(6) The accreditation status of the centers.(7) The certification status of the centers.(8) Reports that are required by IC 12-29-2-16.(9) Any other relevant information.(j) The hearing officer shall consider all of the above in the order regarding the county or portion of a county awarded to each center. Division of Mental Health and Addiction; 440 IAC 4.1-3-4; filed Apr 3, 2003, 11:10 a.m.: 26 IR 2620, eff Jul 1, 2003; 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