The Florida Senate

397.431  Client responsibility for cost of substance abuse impairment services.--

(1)  Prior to accepting a client for admission and in accordance with confidentiality guidelines, both the full charge for services and the fee charged to the client for such services under the provider's fee system or payment policy must be disclosed to each client or his or her authorized personal representative, or parent or legal guardian if the client is a minor who did not seek treatment voluntarily and without parental consent.

(2)  A client or his or her authorized personal representative, or parent or legal guardian if the client is a minor, is required to contribute toward the cost of substance abuse services in accordance with his or her ability to pay, unless otherwise provided by law.

(3)  The parent, legal guardian, or legal custodian of a minor is not liable for payment for any substance abuse services provided to the minor without parental consent pursuant to s. 397.601(4), unless the parent, legal guardian, or legal custodian participates or is ordered to participate in the services, and only for the substance abuse services rendered. If the minor is receiving services as a juvenile offender, the obligation to pay is governed by the law relating to juvenile offenders.

(4)  Service providers that do not contract for state funds to provide substance abuse services as defined in this chapter may establish their own admission policies regarding provisions for payment for services. Such policies must comply with other statutory and regulatory requirements governing state or federal reimbursements to a provider for services delivered to individual clients. As used in this subsection, the term "contract for state funds" does not include Medicaid funds.

(5)  Service providers that contract for state funds to provide substance abuse services as defined in this chapter must establish a fee system based upon a client's ability to pay and, if space and sufficient state resources are available, may not deny a client access to services solely on the basis of the client's inability to pay.

History.--s. 3, ch. 93-39; s. 735, ch. 95-148.