INDIANAPOLIS-- A state lawmaker has filed legislation in direct response to a WRTV Investigation into how our state protects our most vulnerable.
Senator Andrea Hunley, D-Indianapolis, filed Senate Bill 131 to create a psychiatric care ombudsman, a state office that would field complaints about mental health and addiction care in our state.
For more than a year, WRTV Investigates has been talking to former patients of Indiana mental health facilities.
“I felt like I was in hell for eight days,” said Maria Reagan of New Whiteland.
“I felt like we were behind bars,” said Melissa Tomes of Bargersville.
WRTV Investigates uncovered just how difficult it can be for families to file complaints about mental health treatment.
Senator Andrea Hunley wants to change that.
"We want to make sure they’ve got a one-stop shop to go if there’s a concern,” said Hunley.
She’s filed a bill to create a psychiatric care ombudsman office.
An ombudsman serves as a form of oversight and can investigate and resolve complaints involving mental health treatment.
- Department of Child Services
- Department of Corrections
- Long-Term Care (nursing homes)
- Disabilities (Medicaid waiver)
Hunley said the long-term care ombudsman gets a lot of concerns about nursing homes.
"We know they’re getting 5,500 calls a year,” said Hunley. “That is important.”
The law requires Indiana to have a Mental Health Ombudsman, but we found the state did not have one in place from 2022 to 2025.
Following our reporting, the Indiana Family and Social Services Administration signed a contract with Indianapolis nonprofit InteCare to handle ombudsman duties.
It takes effect July 1.
“I’m glad we have a band-aid,” said Senator Hunley. “Right now, it’s a contractor who is working with Family and Social Services Administration but that’s not a state agency and that’s not a state office."
WRTV Investigates found there’s no way for patients and their families to contact InteCare directly.
In an email to WRTV, FSSA said the new ombudsman will not have a separate phone number.
If you'd like to reach the ombudsman, you can call FSSA at 1-800-901-1133 or use the new online form.
Hunley wants to change that and create a direct way for consumers to contact the psychiatric care ombudsman.
WRTV Investigates asked if the legislation was filed in response to our reporting.
“This legislation was absolutely filed in response to the incredible collection of investigative reporting that’s been happening in Indianapolis, including from you all,” said Hunley. “This is why journalism matters."
The bill would require the office to submit a yearly report to state agencies including the Governor, the General Assembly, the Division of Mental Health, the Secretary of FSSA and the Indiana Department of Health.
The legislation also makes it a Class B Misdemeanor to:
- Intentionally prevent the work of the office
- Knowingly offer compensation to the office in an effort to affect the outcome of an investigation or a potential investigation
- To retaliate against a patient, an employee, or another person who files a complaint or provides information to the office
"We really need to make sure as a state that we’re looking at this,” said Hunley.
WRTV Investigates has been fighting for more than a year to get inspection reports for mental health facilities from FSSA.
WRTV Investigates Kara Kenney asked FSSA Secretary Mitch Roob about it in a December 29 Zoom interview.
“Why can’t we see those reports?” asked Kenney.
“I don’t know that answer,” responded Roob. “This is the first I’ve heard of it. I’m happy to get back and find out for you why that is.”
Hunley says inspection reports should be provided to the public and the media.
“The fact that you as news media aren’t able to get them is concerning,” said Hunley.
Patients told WRTV the state’s system was confusing, both when researching facilities and trying to file a complaint.
“I think it's ridiculous that it has to be so hidden or so hard to do,” said former patient Melissa Tomes of Bargersville.
The bill has been assigned to the Senate Health and Provider Services committee and is not yet scheduled for a hearing.
