Sec. 14. (a) An entity may not:
(1) hold itself out to be a community mental health center; or
(2) use the term "community mental health center";
unless the entity is certified by the division of mental health and addiction.
(b) The division of mental health and addiction shall investigate a report that an entity is operating as a community mental health center without the approval of the division of mental health and addiction and report the division's findings to the attorney general.
(c) Upon receiving a report made under subsection (b), the attorney general may do the following:
(1) Seek the issuance of a search warrant to assist in the investigation.
(2) File an action for injunctive relief to stop the operation of the entity that is the subject of the report if there is reasonable cause to believe that the entity is operating without the required approval of the division of mental health and addiction.
(3) File an action for injunctive relief to stop the entity that is the subject of the report from using the term "community mental health center".
(4) Seek in a civil action a civil penalty of not more than one hundred dollars ($100) a day for each day an entity is operating without the required approval of the division of mental health and addiction.
(d) An opportunity for an informal meeting with the division of mental health and addiction must be provided after the injunctive relief is ordered.
(e) The civil penalties collected under this section must be deposited in the mental health centers fund (IC 6-7-1-32.1).
As added by P.L.111-1997, SEC.6. Amended by P.L.215-2001, SEC.81.
Structure Indiana Code
Article 29. Financing Local Programs
Chapter 2. Community Mental Health Centers
12-29-2-1. Application of Chapter
12-29-2-1.5. Nonfederal Share of Medical Assistance Payments
12-29-2-2. Funding of Operation; Amount of Funding Calculation
12-29-2-4. Maximum Appropriation; Allotment to Each Center; Determination
12-29-2-13. Lake County; Additional Funding of Centers; Property Tax Levy Increase; Requirements
12-29-2-14. Operation by Uncertified Entity; Investigations; Penalties
12-29-2-15. Member of County Fiscal Body or County Board of Commissioners as a Member of the Board
12-29-2-17. Issuing County Bonds for Construction, Equipment, or Improvement
12-29-2-18. Application of All General Statutes Relating to Issuance of Bonds
12-29-2-19. County Property of Building if Bond Issued; Nonapplication of Tax Limitations
12-29-2-20. County Payments; Certification of Federal Financial Participation Eligibility