Indiana would set up office to investigate psychiatric hospital complaints

Indiana's mental health division would set up a complaint office, and the family services secretary or a designee would appoint its full-time leader. The office would investigate and try to resolve concerns about patients at licensed private psychiatric hospitals and public psychiatric institutions managed by a designated state division. The office must keep a complainant's or patient's identity private unless that person consents in writing or a court orders disclosure. If enacted, the office provisions would take effect July 1, 2026.

Ombudsmen would be able to inspect patients' medical, financial, and social records under the bill's consent rules. This applies to patients at psychiatric hospitals covered by the program. A patient may consent. An authorized legal representative may consent in writing if the patient cannot. If consent cannot be obtained and a patient cannot consent, an ombudsman may inspect records when no representative exists, one cannot be contacted within three days, or one lacks authority to consent. If a representative denies access, the ombudsman needs reasonable cause to believe the representative is not acting in the patient's best interests and written approval from the state ombudsman. If enacted, the record access rules would take effect July 1, 2026.

The proposal would treat certain interference with the complaint office as a Class B misdemeanor. The penalty would apply to any person who commits one of these acts. The rule covers intentionally blocking the office's work, knowingly offering it payment to sway an investigation or possible investigation, and retaliating against someone who files a complaint or gives information. If enacted, the penalty would take effect July 1, 2026.