Fla. Stat. 394.4789
Establishment of referral process and eligibility determination


(1)

It is the intent of the Legislature that a hospital which seeks payment under s. 394.4788 shall accept referrals from the department. However, a hospital shall have the right to refuse the admission of a patient due to lack of functional bed space or lack of services appropriate to a patient’s specific treatment and no hospital shall be required to accept referrals if the costs for treating the referred patient are no longer reimbursable because the hospital has reached the level of contribution made to the PMATF in the previous fiscal year. Furthermore, a hospital that does not seek compensation for indigent mentally ill patients under the provisions of this act shall not be obliged to accept department referrals, notwithstanding any agreements it may have entered into with the department. The right of refusal in this subsection shall not affect a hospital’s requirement to provide emergency care pursuant to s. 395.1041 or other statutory requirements related to the provision of emergency care.

(2)

The department shall adopt a patient eligibility form and shall be responsible for eligibility determination. However, the department may contract with participating psychiatric hospitals for eligibility determination. The eligibility form shall provide the mechanism for determining a patient’s eligibility according to the requirements of s. 394.4788(1).A specialty psychiatric hospital shall be eligible for reimbursement only when an eligibility form has been completed for each indigent mentally ill person for whom reimbursement is sought.As part of eligibility determination, every effort shall be made by the hospital to determine if any third party insurance coverage is available.

(a)

A specialty psychiatric hospital shall be eligible for reimbursement only when an eligibility form has been completed for each indigent mentally ill person for whom reimbursement is sought.

(b)

As part of eligibility determination, every effort shall be made by the hospital to determine if any third party insurance coverage is available.

Source: Section 394.4789 — Establishment of referral process and eligibility determination, https://www.­flsenate.­gov/Laws/Statutes/2024/0394.­4789 (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

§ 394.4789. Establishment of referral process & eligibility determination's source at flsenate​.gov