Florida Statutes
Part I - Florida Mental Health Act (Ss. 394.451-394.47892)
394.461 - Designation of receiving and treatment facilities and receiving systems.


(1) RECEIVING FACILITY.—The department may designate any community facility as a receiving facility. Any other facility within the state, including a private facility or a federal facility, may be so designated by the department, provided that such designation is agreed to by the governing body or authority of the facility.
(2) TREATMENT FACILITY.—The department may designate any state-owned, state-operated, or state-supported facility as a state treatment facility. A civil patient shall not be admitted to a state treatment facility without previously undergoing a transfer evaluation. Before a court hearing for involuntary placement in a state treatment facility, the court shall receive and consider the information documented in the transfer evaluation. Any other facility, including a private facility or a federal facility, may be designated as a treatment facility by the department, provided that such designation is agreed to by the appropriate governing body or authority of the facility.
(3) PRIVATE FACILITIES.—Private facilities designated as receiving and treatment facilities by the department may provide examination and treatment of involuntary patients, as well as voluntary patients, and are subject to all the provisions of this part.
(4) REPORTING REQUIREMENTS.—
(a) A facility designated as a public receiving or treatment facility under this section shall report to the department on an annual basis the following data, unless these data are currently being submitted to the Agency for Health Care Administration:
1. Number of licensed beds.
2. Number of contract days.
3. Number of admissions by payor class and diagnoses.
4. Number of bed days by payor class.
5. Average length of stay by payor class.
6. Total revenues by payor class.

(b) For the purposes of this subsection, “payor class” means Medicare, Medicare HMO, Medicaid, Medicaid HMO, private-pay health insurance, private-pay health maintenance organization, private preferred provider organization, the Department of Children and Families, other government programs, self-pay patients, and charity care.
(c) The data required under this subsection shall be submitted to the department no later than 90 days following the end of the facility’s fiscal year.
(d) The department shall issue an annual report based on the data required pursuant to this subsection. The report shall include individual facilities’ data, as well as statewide totals. The report shall be submitted to the Governor, the President of the Senate, and the Speaker of the House of Representatives.

(5) RECEIVING SYSTEM.—The department shall designate as a receiving system one or more facilities serving a defined geographic area developed pursuant to s. 394.4573 which is responsible for assessment and evaluation, both voluntary and involuntary, and treatment, stabilization, or triage for patients who have a mental illness, a substance use disorder, or co-occurring disorders. Any transportation plans developed pursuant to s. 394.462 must support the operation of the receiving system.
(6) RULES.—The department may adopt rules relating to:
(a) Procedures and criteria for receiving and evaluating facility applications for designation, which may include onsite facility inspection and evaluation of an applicant’s licensing status and performance history, as well as consideration of local service needs.
(b) Minimum standards consistent with this part that a facility must meet and maintain in order to be designated as a receiving or treatment facility and procedures for monitoring continued adherence to such standards.
(c) Procedures and criteria for designating receiving systems which may include consideration of the adequacy of services provided by facilities within the receiving system to meet the needs of the geographic area using available resources.
(d) Procedures for receiving complaints against a designated facility or designated receiving system and for initiating inspections and investigations of facilities or receiving systems alleged to have violated the provisions of this part or rules adopted under this part.
(e) Procedures and criteria for the suspension or withdrawal of designation as a receiving facility or receiving system.

History.—s. 6, ch. 71-131; s. 3, ch. 72-396; s. 5, ch. 73-133; s. 1, ch. 77-90; s. 203, ch. 77-147; s. 6, ch. 79-298; ss. 1, 2, ch. 80-384; s. 9, ch. 82-212; s. 7, ch. 84-285; s. 42, ch. 85-167; s. 707, ch. 95-148; s. 13, ch. 96-169; s. 1, ch. 2007-169; s. 81, ch. 2014-19; s. 6, ch. 2016-241; s. 23, ch. 2017-3.

Structure Florida Statutes

Florida Statutes

Title XXIX - Public Health

Chapter 394 - Mental Health

Part I - Florida Mental Health Act (Ss. 394.451-394.47892)

394.451 - Short title.

394.453 - Legislative intent.

394.455 - Definitions.

394.457 - Operation and administration.

394.4572 - Screening of mental health personnel.

394.4573 - Coordinated system of care; annual assessment; essential elements; measures of performance; system improvement grants; reports.

394.4574 - Responsibilities for coordination of services for a mental health resident who resides in an assisted living facility that holds a limited mental health license.

394.458 - Introduction or removal of certain articles unlawful; penalty.

394.459 - Rights of patients.

394.4593 - Sexual misconduct prohibited; reporting required; penalties.

394.4595 - Florida statewide and local advocacy councils; access to patients and records.

394.4597 - Persons to be notified; patient’s representative.

394.4598 - Guardian advocate.

394.4599 - Notice.

394.460 - Rights of professionals.

394.461 - Designation of receiving and treatment facilities and receiving systems.

394.4612 - Integrated adult mental health crisis stabilization and addictions receiving facilities.

394.4615 - Clinical records; confidentiality.

394.462 - Transportation.

394.4625 - Voluntary admissions.

394.463 - Involuntary examination.

394.464 - Court records; confidentiality.

394.4655 - Involuntary outpatient services.

394.467 - Involuntary inpatient placement.

394.46715 - Rulemaking authority.

394.4672 - Procedure for placement of veteran with federal agency.

394.468 - Admission and discharge procedures.

394.4685 - Transfer of patients among facilities.

394.469 - Discharge of involuntary patients.

394.473 - Attorney’s fee; expert witness fee.

394.475 - Acceptance, examination, and involuntary placement of Florida residents from out-of-state mental health authorities.

394.4781 - Residential care for psychotic and emotionally disturbed children.

394.4784 - Minors; access to outpatient crisis intervention services and treatment.

394.4785 - Children and adolescents; admission and placement in mental facilities.

394.4786 - Intent.

394.47865 - South Florida State Hospital; privatization.

394.4787 - Definitions; ss. 394.4786, 394.4787, 394.4788, and 394.4789.

394.4788 - Use of certain PMATF funds for the purchase of acute care mental health services.

394.4789 - Establishment of referral process and eligibility determination.

394.47891 - Veterans treatment court programs.

394.47892 - Mental health court programs.