2017 Indiana Code
TITLE 12. Human Services
ARTICLE 29. FINANCING LOCAL PROGRAMS
CHAPTER 2. Community Mental Health Centers
12-29-2-2. Funding of operation; amount of funding; calculation
Sec. 2. (a) A county shall fund the operation of community mental health centers in the amount determined under subsection (b), unless a lower tax levy amount will be adequate to fulfill the county's financial obligations under this chapter in any of the following situations:
(1) If the total population of the county is served by one (1) center.
(2) If the total population of the county is served by more than one (1) center.
(3) If the partial population of the county is served by one (1) center.
(4) If the partial population of the county is served by more than one (1) center.
(b) The amount of funding under subsection (a) for taxes first due and payable in a calendar year is the result equal to:
(1) the maximum amount that could have been levied in the county to comply with this section from property taxes first due and payable in the calendar year immediately preceding the ensuing calendar year, as previously determined under this section by using the amount calculated under this section in 2004 as the base amount; multiplied by
(2) the county's assessed value growth quotient for the ensuing calendar year, as determined under IC 6-1.1-18.5-2.
(c) This subsection applies only to a county that provides a levy freeze in the county as provided in IC 6-3.6-11-1. Notwithstanding any provision in this section or any other section of this chapter, for a county subject to this subsection, the county's maximum property tax levy under this section to fund the operation of community mental health centers for the ensuing calendar year is equal to the county's maximum property tax levy to fund the operation of community mental health centers for the current calendar year.
(d) Except as provided in subsection (h), the county shall pay to the division of mental health and addiction the part of the funding determined under subsection (b) that is appropriated solely for funding the operations of a community health center. The funding required under this section for operations of a community health center shall be paid by the county to the division of mental health and addiction. These funds shall be used solely for satisfying the nonfederal share of medical assistance payments to community mental health centers serving the county for:
(1) allowable administrative services; and
(2) community mental health rehabilitation services.
All other funding appropriated for the purposes allowed under section 1.2(b)(1) of this chapter shall be paid by the county directly to the community mental health center semiannually at the times that the payments are made under subsection (e).
(e) The county shall appropriate and disburse the funds for operations semiannually not later than December 1 and June 1 in an amount equal to the amount determined under subsection (b) and requested in writing by the division of mental health and addiction. The total funding amount paid to the division of mental health and addiction for a county for each calendar year may not exceed the amount that is calculated in subsection (b) and set forth in writing by the division of mental health and addiction for the county. Funds paid to the division of mental health and addiction by the county shall be submitted by the county in a timely manner after receiving the written request from the division of mental health and addiction, to ensure current year compliance with the community mental health rehabilitation program and any administrative requirements of the program.
(f) The division of mental health and addiction shall ensure that the nonfederal share of funding received from a county under this program is applied only for matching federal funds for the designated community mental health centers to the extent a center is eligible to receive county funding under IC 12-21-2-3(5)(D).
(g) The division of mental health and addiction:
(1) shall first apply state funding to a community mental health center's nonfederal share of funding under this program; and
(2) may next apply county funding received under this section to any remaining nonfederal share of funding for the community mental health center.
The division shall distribute any excess state funds that exceed the community mental health rehabilitation services nonfederal share applied to a community mental health center that is entitled to the excess state funds.
(h) The health and hospital corporation of Marion County created by IC 16-22-8-6 may make payments to the division for the operation of a community mental health center as described in this chapter.
[Pre-1992 Revision Citation: 16-16-1-6(b).]
As added by P.L.2-1992, SEC.23. Amended by P.L.17-1995, SEC.12; P.L.6-1997, SEC.152; P.L.90-2002, SEC.366; P.L.170-2002, SEC.84; P.L.1-2004, SEC.54 and P.L.23-2004, SEC.56; P.L.78-2004, SEC.16; P.L.224-2007, SEC.102; P.L.123-2008, SEC.3; P.L.2-2014, SEC.74; P.L.153-2014, SEC.18; P.L.184-2016, SEC.27; P.L.197-2016, SEC.114; P.L.247-2017, SEC.32.
