Articles and Blogs

Effective July 1, 2025, Indiana Medicaid is no longer required to reimburse for services rendered during an Application for Emergency Detention (“AED”) without regard to medical necessity.   Background In 2023, Indiana overhauled its emergency detention framework through HEA 1006, which extended emergency detention to 14 business days, restructured procedures for initiating detentions and formally... READ MORE

In In Re: Commitment of M.C., the Indiana Court of Appeals (the “Court”) dismissed M.C.’s appeal as moot because M.C. failed to demonstrate a particularized collateral consequence of his commitment or that the Indiana Constitution compelled the Court to hear his appeal on the merits. No. 24A-MH-1364, 2025 WL 658771 (Ind. Ct. App. Feb. 28, 2025).... READ MORE

Indiana Senate Enrolled Act 505 (“SEA 505”), recently signed into law, introduces notable changes to the state’s Emergency Medical Services (“EMS”) framework. Effective July 1, 2025, EMS professionals (including paramedics, EMTs, advanced EMTs and emergency medical responders) will be authorized to transport patients to a broader range of care settings beyond traditional hospitals. This... READ MORE

The Indiana Court of Appeals (the “Court”) recently reiterated that trial courts may not impose “special conditions” in civil commitment orders without record evidence tying the condition to the patient’s treatment or public safety. The Court invalidated a trial court’s blanket prohibition on alcohol and non-prescription drugs, finding no evidentiary basis for the restriction.... READ MORE

In In Re: Commitment of G.M., the Indiana Court of Appeals (the “Court”) affirmed the trial court’s refusal to allow a patient to waive the right to counsel in commitment proceedings. No. 24A-MH-2677, 2025 WL 928559 (Ind. Ct. App. Mar. 27, 2025). The decision highlighted the importance of civil commitment proceedings, the effect of... READ MORE

The Indiana Court of Appeals (the “Court”) in In re: the Civil Commitment of C.R. upheld the trial court’s Order for Regular Commitment, holding sufficient evidence supported the trial court’s finding that C.R. was dangerous to himself and gravely disabled. In re Commitment of C.R., No. 24A-MH-1485, 2024 WL 5153983 (Ind. Ct. App. Dec.... READ MORE

In Re: Commitment of M.M., (24A-MH-2046), the Indiana Court of Appeals (the “Court”) upheld the trial court’s order indefinitely committing M.M., ruling that sufficient evidence supported the finding that M.M. was gravely disabled. The decision underscores the legal standards for civil commitments and highlights the role of patient insight and independent functioning in determining... READ MORE

In Re: Civil Commitment of K.K., the Indiana Court of Appeals (the “Court”) dismissed K.K.’s appeal on the basis of mootness, as K.K.’s temporary commitment expired in August 2024. The Court analyzed its mootness standard and the applicability of the public interest exception to the case. Background Under Indiana law, a hearing for involuntary commitment must... READ MORE

In R.R. v. Richard L. Roudebush Veterans Affairs Medical Ctr. (“R.R.“), the Indiana Court of Appeals (the “Court”) upheld a trial court’s decision to place a patient diagnosed with schizoaffective disorder under regular commitment. The Court applied the disjunctive test for “gravely disabled” and clarified that a patient’s profound disorganization which hinders the patient’s... READ MORE

The Indiana Supreme Court established an expedited appeal Pilot Program for mental health appeals originating in Marion County, Indiana that will begin September 1, 2024. The project aims to tackle the challenges posed by temporary mental health commitments which often cannot be resolved on appeal before the commitment’s 90-day term expires. Background Under Indiana... READ MORE