Ind. Code § 12-29-2-2
Funding of operation; amount of funding calculation
Redline — January 1, 2018 → current.View current text →
Current — January 1, 2023
As of January 1, 2018
Note: This version of section effective until 1-1-2019. See also following version of this section, effective 1-1-2019.
Sec. 2. (a) A county shall fund the operation of community mental health centers in the amount determined under subsection (b), unless a lower tax levy amount will be adequate to fulfill the county's financial obligations under this chapter in any of the following situations:
Sec. 2. (a) A county shall provide funding for the operation of community mental health centers in the amount determined under subsection (b) or, in the case of Marion County for calendar year 2019, calendar year 2020, and calendar year 2021, the amount determined under subsection (c).
(1) If the total population of the county is served by one (1) center.
(2) If the total population of the county is served by more than one (1) center.
(3) If the partial population of the county is served by one (1) center.
(4) If the partial population of the county is served by more than one (1) center.
(b) The amount of funding under subsection (a) for taxes first due and payable in a calendar year is the result equal to:
(b) Except as provided in subsection (c), the amount of funding under subsection (a) for a calendar year is equal to the following:
(1) the maximum amount that could have been levied in the county to comply with this section from property taxes first due and payable in the calendar year immediately preceding the ensuing calendar year, as previously determined under this section by using the amount calculated under this section in 2004 as the base amount; multiplied by
(2) the county's assessed value growth quotient for the ensuing calendar year, as determined under IC 6-1.1-18.5-2.
(c) This subsection applies only to a county that provides a levy freeze in the county as provided in IC 6-3.6-11-1. Notwithstanding any provision in this section or any other section of this chapter, for a county subject to this subsection, the county's maximum property tax levy under this section to fund the operation of community mental health centers for the ensuing calendar year is equal to the county's maximum property tax levy to fund the operation of community mental health centers for the current calendar year.
(d) Except as provided in subsection (h), the county shall pay to the division of mental health and addiction the part of the funding determined under subsection (b) that is appropriated solely for funding the operations of a community health center. The funding required under this section for operations of a community health center shall be paid by the county to the division of mental health and addiction. These funds shall be used solely for satisfying the nonfederal share of medical assistance payments to community mental health centers serving the county for:
(1) allowable administrative services; and
(2) community mental health rehabilitation services.
All other funding appropriated for the purposes allowed under section 1.2(b)(1) of this chapter shall be paid by the county directly to the community mental health center semiannually at the times that the payments are made under subsection (e).
(e) The county shall appropriate and disburse the funds for operations semiannually not later than December 1 and June 1 in an amount equal to the amount determined under subsection (b) and requested in writing by the division of mental health and addiction. The total funding amount paid to the division of mental health and addiction for a county for each calendar year may not exceed the amount that is calculated in subsection (b) and set forth in writing by the division of mental health and addiction for the county. Funds paid to the division of mental health and addiction by the county shall be submitted by the county in a timely manner after receiving the written request from the division of mental health and addiction, to ensure current year compliance with the community mental health rehabilitation program and any administrative requirements of the program.
(f) The division of mental health and addiction shall ensure that the nonfederal share of funding received from a county under this program is applied only for matching federal funds for the designated community mental health centers to the extent a center is eligible to receive county funding under IC 12-21-2-3(5)(D).
(g) The division of mental health and addiction:
(1) shall first apply state funding to a community mental health center's nonfederal share of funding under this program; and
(1) The county's maximum appropriation amount for the operation of community mental health centers determined under this chapter in the previous calendar year, if the STEP THREE result under the following formula is less than or equal to zero (0):
STEP ONE: Determine the amount of the certified levy for funds subject to the civil maximum levy in the immediately preceding calendar year minus the amount of credits granted under IC 6-1.1-20.6 that were allocated to funds subject to the civil maximum levy in the immediately preceding calendar year, as determined by the department of local government finance under IC 6-1.1-20.6-11.
STEP TWO: Determine the amount of the certified levy for funds subject to the civil maximum levy in the year prior to the immediately preceding calendar year minus the amount of credits granted under IC 6-1.1-20.6 that were allocated to funds subject to the civil maximum levy in the year prior to the immediately preceding calendar year, as determined by the department of local government finance under IC 6-1.1-20.6-11.
STEP THREE: Determine the remainder of the STEP ONE amount minus the STEP TWO amount.
(2) If the STEP THREE result under the formula in subdivision (1) is greater than zero (0), then the county's maximum appropriation amount for the operation of community mental health centers determined under this chapter in the previous calendar year, multiplied by the greater of:
(A) one (1); or
(B) the result of STEP SIX of the following formula:
STEP ONE: Determine the maximum levy growth quotient for the year under IC 6-1.1-18.5 minus one (1).
STEP TWO: Determine the amount of the certified levy for funds subject to the civil maximum levy in the immediately preceding calendar year minus the amount of credits granted under IC 6-1.1-20.6 that were allocated to funds subject to the civil maximum levy in the immediately preceding calendar year, as determined by the department of local government finance under IC 6-1.1-20.6-11.
STEP THREE: Determine the amount of the certified levy for funds subject to the civil maximum levy in the immediately preceding calendar year.
STEP FOUR: Determine the result of the STEP TWO amount divided by the STEP THREE amount.
STEP FIVE: Determine the product of the STEP ONE amount multiplied by the STEP FOUR result.
STEP SIX: Determine the STEP FIVE amount plus one (1).
The department of local government finance shall verify the maximum appropriation calculation under this subsection as part of the certification of the county's budget under IC 6-1.1-17. For taxes due and payable in 2020, the department of local government finance shall calculate the maximum appropriation under this subsection as if the taxes were due and payable in 2019.
(c) This subsection applies only in calendar year 2019, calendar year 2020, and calendar year 2021. In the case of Marion County, the amount of funding under subsection (a) for a calendar year is determined under this subsection and is equal to the following:
(1) For calendar year 2019, the sum of:
(A) the actual amount of the appropriations by the county for community mental health centers under this chapter in 2018; plus
(B) the result of thirty-three percent (33%) multiplied by the result of:
(i) the amount that would have, except for the application of this subsection, applied to the county under subsection (b) for calendar year 2019; minus
(ii) the actual amount of the appropriations by the county for community mental health centers under this chapter in 2018.
(2) For calendar year 2020, the sum of:
(A) the actual amount of the appropriations by the county for community mental health centers under this chapter in 2019; plus
(B) the result of sixty-six percent (66%) multiplied by the result of:
(i) the amount that would have, except for the application of this subsection, applied to the county under subsection (b) for calendar year 2020; minus
(ii) the actual amount of the appropriations by the county for community mental health centers under this chapter in 2019.
(3) For calendar year 2021, the amount that would have, except for the application of this subsection, applied to the county under subsection (b) for calendar year 2021.
The department of local government finance shall verify the maximum appropriation calculation under this subsection as part of the certification of the county's budget under IC 6-1.1-17. This subsection expires January 1, 2022.
(d) The funding provided by a county under this section shall be used solely for:
(1) the operations of community mental health centers serving the county; or
(2) may next apply county funding received under this section to any remaining nonfederal share of funding for the community mental health center.
(2) contributing to the nonfederal share of medical assistance payments to community mental health centers serving the county.
The division shall distribute any excess state funds that exceed the community mental health rehabilitation services nonfederal share applied to a community mental health center that is entitled to the excess state funds.
(h) The health and hospital corporation of Marion County created by IC 16-22-8-6 may make payments to the division for the operation of a community mental health center as described in this chapter.
Official source: Indiana General Assembly. Reproduced from public-domain Indiana statutes; confirm against the official source for the current text. Not legal advice.