eLaws of Florida

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


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  • 1The department is authorized to designate and monitor receiving facilities, treatment facilities, and receiving systems and may suspend or withdraw such designation for failure to comply with this part and rules adopted under this part. Unless designated by the department, facilities are not permitted to hold or treat involuntary patients under this part.
    54(1) 55RECEIVING FACILITY.57-58The 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.
    106(2) 107TREATMENT FACILITY.109-110The 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.
    206(3) 207PRIVATE FACILITIES.209-210Private 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.
    244(4) 245REPORTING REQUIREMENTS.247-
    248(a) 249A 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:
    2881. 289Number of licensed beds.
    2932. 294Number of contract days.
    2983. 299Number of admissions by payor class and diagnoses.
    3074. 308Number of bed days by payor class.
    3155. 316Average length of stay by payor class.
    3236. 324Total revenues by payor class.
    329(b) 330For 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.
    370(c) 371The 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.
    396(d) 397The 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.
    446(5) 447RECEIVING SYSTEM.449-450The department shall designate as a receiving system one or more facilities serving a defined geographic area developed pursuant to s. 471394.4573 472which 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. 509394.462 510must support the operation of the receiving system.
    518(6) 519RULES.520-521The department may adopt rules relating to:
    528(a) 529Procedures 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.
    564(b) 565Minimum 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.
    598(c) 599Procedures 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.
    633(d) 634Procedures 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.
    672(e) 673Procedures 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.

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