Authority: IC 12-23-1-6; IC 12-23-18

Affected: IC 12-23-18-3; IC 12-23-18-4

Sec. 38. (a) Each OTP shall annually, as set forth herein, submit fees to the division to be deposited in the OTP fund administered by the division, hereinafter referred to as "the fund".

(b) Money in the fund shall be used to pay all expenses of administering the following:

1. (1) The requirements of IC 12-23-18.
2. (2) The OTP fund.

Money in the fund does not revert to the state general fund.

(c) An OTP shall pay an annual fee for each patient treated by the OTP during each calendar year; provided, however, that an OTP shall not be required to pay the fee for an individual being treated temporarily under guest dosing arrangements with another OTP.

(d) The following methodology shall be used to calculate the fee for each patient for the calendar year:

1. (1) The division's expenses from the preceding calendar year to pay the cost of implementing and administering IC 12-23-18 shall be divided by the number of patients treated by all OTPs during the preceding calendar year as reported by each OTP to the central registry.
2. (2) The resulting number represents the fee per patient for the present calendar year; provided, however, the fee shall not exceed seventy-five dollars ($75) for each OTP patient who was treated by the OTP during the preceding calendar year.

(e) The division shall calculate the per patient fee by February 15 of each year based on the division's expenses for the preceding calendar year to pay the cost of the implementation and administration of IC 12-23-18.

(f) On or before February 15 of each year, the division shall give each OTP written notice of the fee per patient due by May 15 of that year.

(g) By May 15 of each year, each OTP shall submit to the division the fee determined by the division in subsection (f).

(Division of Mental Health and Addiction; 440 IAC 10-4-38; filed Dec 30, 2009, 2:00 p.m.: 20100127-IR- 440080412FRA; readopted filed May 10, 2016, 11:24 a.m.: 20160608-IR-440160134RFA; readopted filed Nov 9, 2022, 4:31 p.m.: 20221207-IR-440220292RFA)