Authority: IC 12-21-2-3; IC 12-25-1-2; IC 12-25-1-4

Affected: IC 4-21.5-3; IC 12-25-1-6; IC 12-25-3-1

Sec. 3. (a) An entity seeking a license as a private mental health institution shall file an application with the division.

(b) The application shall contain the following:

1. (1) A description of the organizational structure and mission of the applicant.
2. (2) The location of all operational sites of the applicant.

3. (3) The:

   1. (A) consumer population to be served; and
   2. (B) program focus.
4. (4) A list of governing board members and executive staff.
5. (5) A copy of the applicant's procedures to ensure protection of consumer rights and confidentiality.

6. (6) Written evidence of the following:

   1. (A) An on-site review and inspection by the:

      1. (i) Indiana state department of health; and
      2. (ii) division of fire and building safety of the department of homeland security.
   2. (B) The correction of any deficiencies.
7. (7) Other materials as requested by the division to assist in the evaluation of the application.

(c) An applicant that is accredited shall submit the following to the division:

1. (1) Proof of accreditation in all services provided by the applicant.
2. (2) Site survey recommendations from the accrediting agency.
3. (3) The applicant's responses to the site survey recommendations.

(d) The division may require the applicant to correct any deficiencies described in the site survey.

(e) If an applicant is not yet accredited in all services provided by the applicant, but provides proof of application to an accrediting agency approved by the division, the division may issue a temporary license for a period of six (6) months.

(f) At the end of the six (6) month period of a temporary license granted under subsection (e), the division may extend the temporary license for not longer than six (6) additional months, if the nonaccredited applicant continues to meet all other requirements for a license except for accreditation.

(g) Prior to the expiration of an extended temporary license under subsection (f), the applicant shall provide the division with the following:

1. (1) Proof of accreditation.
2. (2) Site survey recommendations from the accrediting agency.
3. (3) The applicant's responses to the site survey recommendations.
4. (4) If required by the division, proof of the correction of any deficiency described in the site survey.
5. (5) Any other materials requested by the division as a part of the application process.

(h) If an applicant fails to achieve accreditation within a period of twelve (12) months from the date of application, the applicant may not reapply for a license until twelve (12) months after an extended temporary license expires.

(i) The division may issue a regular license as a private mental health institution to the applicant if the division determines that the applicant meets all criteria for a license as a private mental health institution set forth in this rule and in federal and state law.

(j) A regular license shall expire one (1) year after the date of issuance.

(k) A facility must obtain a new license when any of the following occurs:

1. (1) A change in any of the following:

   1. (A) Ownership as determined by the division in conjunction with the requirements of the accrediting agency.
   2. (B) The location of the physical plant.
   3. (C) The primary program focus.
2. (2) The existing license expires.

(l) Under IC 12-25-1-6, the director may do either of the following:

1. (1) Issue a license upon an application without further evidence.

2. (2) Conduct:

   1. (A) a hearing on the application; and
   2. (B) an investigation to determine whether a license should be granted.

(m) If an applicant is denied a license, or is otherwise aggrieved by an action of the director, after a hearing under subsection (l), the applicant may do either of the following:

1. (1) Seek administrative review of that determination under IC 4-21.5-3.
2. (2) File an action under IC 12-25-3-1.

(n) If an applicant is denied a license, the applicant may not submit a new application for a license for a period of twelve (12) months from the effective date of the division's denial of a license.

(Division of Mental Health and Addiction; 440 IAC 1.5-2-3; filed Oct 11, 2002, 11:26 a.m.: 26 IR 735; filed Aug 11, 2008, 3:40 p.m.: 20080910-IR-440070875FRA; readopted filed Nov 5, 2008, 3:50 p.m.: 20081119-IR-440080742RFA; readopted filed Aug 11, 2014, 11:21 a.m.: 20140910-IR-440140240RFA; readopted filed Nov 9, 2020, 3:09 p.m.: 20201209-IR-440200502RFA)