Sec. 5. (a) The final determination of an impairment for a mental illness is provisional for two (2) years:

(1) for a final determination made after June 30, 2020, from the date of the final determination by the system board under IC 36-8-8-13.1; or

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Terms Used In Indiana Code 36-8-8.3-5

(2) for a final determination made after December 31, 2012, and before July 1, 2020, beginning July 1, 2020.

     (b) During the initial two (2) year provisional period, the fund member shall be subject to and responsible for active participation in a mental health treatment plan as determined by the fund member’s treating physician.

     (c) The employer shall pay for the fund member’s mental health care and treatment relating to the disability during the initial two (2) year provisional period.

As added by P.L.54-2020, SEC.3.