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Florida Statute 394.4789 | Lawyer Caselaw & Research
F.S. 394.4789 Case Law from Google Scholar
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Link to State of Florida Official Statute Google Search for Amendments to 394.4789

The 2023 Florida Statutes (including Special Session C)

Title XXIX
PUBLIC HEALTH
Chapter 394
MENTAL HEALTH
View Entire Chapter
F.S. 394.4789
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) 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.
History.s. 4, ch. 89-355; s. 71, ch. 92-289; s. 4, ch. 2015-4.

F.S. 394.4789 on Google Scholar

F.S. 394.4789 on Casetext

Amendments to 394.4789


Arrestable Offenses / Crimes under Fla. Stat. 394.4789
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 394.4789.



Annotations, Discussions, Cases:

Cases from cite.case.law:

BARNES, v. STATE, 124 So. 3d 904 (Fla. 2013)

. . . The "Baker Act," sections 394.451-394.4789, Florida Statutes, also known as the "Florida Mental Health . . .

THOMAS, v. STATE, 93 So. 3d 404 (Fla. Dist. Ct. App. 2012)

. . . Act is also known as the Baker Act, and it appears in part I of chapter 394, from sections 394.451 to 394.4789 . . .

SANCHEZ, v. STATE, 949 So. 2d 1059 (Fla. Dist. Ct. App. 2007)

. . . Services (now the Florida Department of Children and Families) for treatment pursuant to Chapter 394.451-394.4789 . . .

WARD, v. STATE, 936 So. 2d 1143 (Fla. Dist. Ct. App. 2006)

. . . See §§ 394.451-394.4789, Fla. Stat. (2005). . . .

WILLIAMS, v. STATE v., 852 So. 2d 433 (Fla. Dist. Ct. App. 2003)

. . . procedure is to be used in appeals of involuntary civil commitments under the Baker Act, § 394.451-394.4789 . . .

In R. S. v. STATE, 824 So. 2d 334 (Fla. Dist. Ct. App. 2002)

. . . appellant be involuntarily placed in a medical facility pursuant to the Baker Act, sections 394.451-394.4789 . . .

HUDSON, v. STATE, 825 So. 2d 460 (Fla. Dist. Ct. App. 2002)

. . . disease or defect that renders them appropriate for involuntary treatment under the Baker Act (§§ 394.451-394.4789 . . . are afforded to those faced with involuntary civil commitment pursuant to the Baker Act (§§ 394.451-394.4789 . . .

PULLEN, v. STATE, 802 So. 2d 1113 (Fla. 2001)

. . . See §§ 394.451-394.4789, Fla. Stat. (2000). . . .

M. W. a v. DAVIS,, 756 So. 2d 90 (Fla. 2000)

. . . Health Act, also known as the Baker Act, is found in part I of chapter 394, from sections 394.451 to 394.4789 . . .

DOE, A v. HCA HEALTH SERVICES OF FLORIDA, INC. d b a HCA L. W. M. D. A. M. D. A. P. A., 640 So. 2d 1177 (Fla. Dist. Ct. App. 1994)

. . . . §§ 394.451-394.4789, Fla.Stat. (1991). . See § 766.102(1), Fla.Stat. (1991). . . .