1. (a) A community mental health center that:

   1. (1) is certified by the division of mental health and addiction; and

   2. (2) is not administered by a hospital licensed under IC 16-21-2 ;

      shall include a member of a county fiscal body or a member of a board of county commissioners (or the designee of the member of the board of county commissioners) on the center's governing board. The member shall be selected by the board of county commissioners of the county where the community mental health center maintains its corporate mailing address. The member of the county fiscal body or board of county commissioners selected under this subsection (or the designee of a member of the board of county commissioners selected under this subsection) must reside in one (1) of the counties in the community mental health center's primary service area. In addition to the county where the center maintains its corporate mailing address, the other counties that are located in the center's primary service area may opt-in under subsection (c) to select a member to serve on the center's governing board.

2. (b) A community mental health center that:

   1. (1) is certified by the division of mental health and addiction; and

   2. (2) is administered by a hospital licensed under IC 16-21-2 ;

      shall include a member of a county fiscal body or a member of a board of county commissioners (or the designee of the member of the board of county commissioners) on the center's advisory board. The member shall be selected by the board of county commissioners of the county where the community mental health center maintains its corporate mailing address. The member of the county fiscal body or board of county commissioners selected under this subsection (or the designee of a member of the board of county commissioners selected under this subsection) must reside in one (1) of the counties in the community mental health center's primary service area. In addition to the county where the center maintains its corporate mailing address, the other counties that are located in the center's primary service area may opt-in under subsection (c) to select a member to serve on the center's advisory board.

3. (c) Subject to subsections (d), (e), and (f), each county that is located in a community mental health center's primary service area (other than the county where the center maintains its corporate mailing address) may opt-in under this subsection to select a member of the county fiscal body or a member of a board of county commissioners (or the designee of the member of the board of county commissioners) to serve on the center's governing or advisory board, whichever is applicable. In order to opt-in under this subsection, the board of county commissioners of the county must adopt an ordinance by majority vote to do so. The following apply if one (1) or more counties opt-in to select a member under this subsection to serve on the governing or advisory board of a community mental health center under subsection

4. (a) or (b):

   1. (1) The community mental health center's governing or advisory board shall include one (1) member from each county that opts-in under this subsection and is selected as set forth in this subsection, subject to subsections (d), (e), and (f).
   2. (2) The members selected to serve under subdivision (1) shall serve a three (3) year term. At the conclusion of an initial member's term, the selecting county, after voting again by majority vote to opt-in under this subsection, shall select a member as set forth in this subsection to serve a subsequent three
   3. (3) year term.
   4. (3) A county may, at any time, opt-in under this subsection to select a member to serve on a center's governing or advisory board. When a county adopts an ordinance to opt-in under this subsection, that county shall be placed on an alphabetical rotation of service for purposes of subsection (f).
   5. (d) Not withstanding any other provision of this section, in the event the United States Health Resources and Services Administration or another federal agency determines that board selections under this section would result in a reduction in federal funds for the community mental health center or its affiliated federal qualified health center or negatively impact eligibility of the community mental health center or affiliated federal qualified health center to receive any federal funds, the community mental health center shall provide documentation to the division of mental health and addiction and the county commissioners in each county served by the center that documents the determination by the United States Health Resources and Services Administration or another federal agency that federal funds will be reduced or eligibility to receive federal funds would be negatively impacted due to the board selection as provided in this section.
   6. (e) If a determination under subsection (d) is made, the number of seats on the center's governing or advisory board filled under this section shall be reduced by the community mental health center, in coordination with the county commissioners of the counties served by the community mental health center, by only the amount necessary to achieve compliance with federal regulations.

   7. (f) The number of members selected to serve on a community mental health center's governing or advisory board under this section may not exceed three (3) members as follows:

      1. (1) One (1) member appointed by the county where the community mental health center maintains its corporate mailing address under subsection (a) or (b), whichever is applicable.

      2. (2) Not more than two (2) additional members appointed by counties that have opted-in under subsection (c) to select a member to serve, but subject to subsection (e).

         If initially more than two (2) counties adopt ordinances under subsection (c) to opt-in to select a member to serve, all of the counties shall be placed in alphabetical order and the first two (2) counties appearing in that order shall be authorized under subsection (c) to opt-in and select a member to serve. The remaining county or counties shall not select a member to serve as set forth in subsection (c) unless and until a county that was initially or is currently authorized under subsection (c) to opt-in chooses to no longer do so, in which case all of the counties that have adopted an ordinance but are not authorized to select a member to serve under this subsection shall be placed in alphabetical order and the first county appearing in that order shall be authorized under subsection (c) to opt-in and select a member to serve.

As added by P.L.79-2002, SEC.4. Amended by P.L.123-2008, SEC.4; P.L.76-2018, SEC.9; P.L.236-2023, SEC.126.