Fla. Stat. 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 the close of the state’s case-in-chief in a hearing for involuntary placement, the state may establish that the transfer evaluation was performed and the document was properly executed by providing the court with a copy of the transfer evaluation. The court may not consider the substantive information in the transfer evaluation unless the evaluator testifies at the hearing. 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 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:
Number of licensed beds.
Number of contract days.
Number of admissions by payor class and diagnoses.
Number of bed days by payor class.
Average length of stay by payor class.
Total revenues by payor class.
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.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.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 posted on the department’s website.

(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:Number of licensed beds.Number of contract days.Number of admissions by payor class and diagnoses.Number of bed days by payor class.Average length of stay by payor class.Total revenues by payor class.
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 posted on the department’s website.

(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: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.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.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.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.Procedures and criteria for the suspension or withdrawal of designation as a receiving facility or receiving system.

(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.

Source: Section 394.461 — Designation of receiving and treatment facilities and receiving systems, https://www.­flsenate.­gov/Laws/Statutes/2024/0394.­461 (accessed Aug. 7, 2025).

394.451
Short title
394.453
Legislative intent
394.455
Definitions
394.457
Operation and administration
394.458
Introduction or removal of certain articles unlawful
394.459
Rights of patients
394.460
Rights of professionals
394.461
Designation of receiving and treatment facilities and receiving systems
394.462
Transportation
394.463
Involuntary examination
394.464
Court records
394.467
Involuntary inpatient placement and involuntary outpatient services
394.468
Admission and discharge procedures
394.469
Discharge of involuntary patients
394.473
Attorney’s fee
394.475
Acceptance, examination, and involuntary placement of Florida residents from out-of-state mental health authorities
394.4572
Screening of mental health personnel
394.4573
Coordinated system of care
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
394.4593
Sexual misconduct prohibited
394.4595
Florida statewide and local advocacy councils
394.4597
Persons to be notified
394.4598
Guardian advocate
394.4599
Notice
394.4612
Integrated adult mental health crisis stabilization and addictions receiving facilities
394.4615
Clinical records
394.4625
Voluntary admissions
394.4655
Orders to involuntary outpatient placement
394.4672
Procedure for placement of veteran with federal agency
394.4685
Transfer of patients among facilities
394.4781
Residential care for psychotic and emotionally disturbed children
394.4784
Minors
394.4785
Children and adolescents
394.4786
Intent
394.4787
Definitions
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
394.46715
Rulemaking authority
394.47865
South Florida State Hospital
394.47891
Veterans treatment court programs
394.47892
Mental health court programs

Current through Fall 2025

§ 394.461. Designation of receiving & treatment facilities and receiving systems's source at flsenate​.gov