Sec. 2. (a) An individual is eligible for mental health and addiction forensic treatment services if:

(1) subject to subsection (d), the individual:

(A) is a member of a household with an annual income that does not exceed two hundred percent (200%) of the federal income poverty level;

(B) is a resident of Indiana;

(C) is:

(i) at least eighteen (18) years of age; or

(ii) subject to the approval of the Indiana commission to combat drug abuse, less than eighteen (18) years of age and the individual is a defendant whose case is either waived from juvenile court to adult court or directly filed in adult court; and

(D) has entered the criminal justice system as a felon or with a prior felony conviction; and

(2) subject to subsection (b), reimbursement for the service is not available to the individual through any of the following:

(A) A policy of accident and sickness insurance (IC 27-8-5).

(B) A health maintenance organization contract (IC 27-13).

(C) The Medicaid program (IC 12-15), excluding the Medicaid rehabilitation program and the Behavioral and Primary Health Coordination Program under Section 1915(i) of the Social Security Act.

(D) The federal Medicare program or any other federal assistance program.

(b) If an individual is not entitled to reimbursement from the sources described in subsection (a)(2) of the full amount of the cost of the mental health and addiction forensic treatment services, grants and vouchers under this chapter may be used to provide those services to the extent that the costs of those services exceed the reimbursement the individual is entitled to receive from the sources described in subsection (a)(2), excluding any copayment or deductible that the individual is required to pay.

(c) The division shall determine the extent to which an individual who is provided mental health and addiction forensic treatment services under this chapter is entitled to receive reimbursement from the sources described in subsection (a)(2).

(d) Notwithstanding subsection (a)(1)(D), subject to available funding and on the recommendation of the justice reinvestment advisory council (established by IC 33-38-9.5-2), the division may operate a pilot program applying the eligibility criteria in this section to individuals who are charged with a misdemeanor. If the division operates a pilot program under this subsection, the division shall issue annual reports to the justice reinvestment advisory council.

As added by P.L.179-2015, SEC.10; P.L.209-2015, SEC.16. Amended by P.L.243-2017, SEC.4; P.L.65-2018, SEC.5.