(1) To be eligible to receive substance abuse and mental health services funded by the department, an individual must be a member of at least one of the department’s priority populations approved by the Legislature. The priority populations include:

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   (a) For adult mental health services:

   1. Adults who have severe and persistent mental illness, as designated by the department using criteria that include severity of diagnosis, duration of the mental illness, ability to independently perform activities of daily living, and receipt of disability income for a psychiatric condition. Included within this group are:

   a. Older adults in crisis.

   b. Older adults who are at risk of being placed in a more restrictive environment because of their mental illness.

   c. Persons deemed incompetent to proceed or not guilty by reason of insanity under chapter 916.

   d. Other persons involved in the criminal justice system.

   e. Persons diagnosed as having co-occurring mental illness and substance abuse disorders.

   2. Persons who are experiencing an acute mental or emotional crisis as defined in s. 394.67(17).

   (b) For children’s mental health services:

   1. Children who are at risk of emotional disturbance as defined in s. 394.492(4).

   2. Children who have an emotional disturbance as defined in s. 394.492(5).

   3. Children who have a serious emotional disturbance as defined in s. 394.492(6).

   4. Children diagnosed as having a co-occurring substance abuse and emotional disturbance or serious emotional disturbance.

   (c) For substance abuse treatment services:

   1. Adults who have substance abuse disorders and a history of intravenous drug use.

   2. Persons diagnosed as having co-occurring substance abuse and mental health disorders.

   3. Parents who put children at risk due to a substance abuse disorder.

   4. Persons who have a substance abuse disorder and have been ordered by the court to receive treatment.

   5. Children at risk for initiating drug use.

   6. Children under state supervision.

   7. Children who have a substance abuse disorder but who are not under the supervision of a court or in the custody of a state agency.

   8. Persons identified as being part of a priority population as a condition for receiving services funded through the Center for Mental Health Services and Substance Abuse Prevention and Treatment Block Grants.

   (2) Crisis services, as defined in s. 394.67, must, within the limitations of available state and local matching resources, be available to each person who is eligible for services under subsection (1), regardless of the person’s ability to pay for such services. A person who is experiencing a mental health crisis and who does not meet the criteria for involuntary examination under s. 394.463(1), or a person who is experiencing a substance abuse crisis and who does not meet the involuntary admission criteria in s. 397.675, must contribute to the cost of his or her care and treatment pursuant to the sliding fee scale developed under subsection (4), unless charging a fee is contraindicated because of the crisis situation.

   (3) Mental health services, substance abuse services, and crisis services, as defined in s. 394.67, must, within the limitations of available state and local matching resources, be available to each person who is eligible for services under subsection (1). Such person must contribute to the cost of his or her care and treatment pursuant to the sliding fee scale developed under subsection (4).

   (4) The department shall adopt rules to implement client eligibility, client enrollment, and fee collection requirements for publicly funded substance abuse and mental health services.

   (a) The rules must require each provider under contract with the department which enrolls eligible persons into treatment to develop a sliding fee scale for persons who have a net family income at or above 150 percent of the Federal Poverty Income Guidelines, unless otherwise required by state or federal law. The sliding fee scale must use the uniform schedule of discounts by which a provider under contract with the department discounts its established client charges for services supported with state, federal, or local funds, using, at a minimum, factors such as family income, financial assets, and family size as declared by the person or the person’s guardian. The rules must include uniform criteria to be used by all service providers in developing the schedule of discounts for the sliding fee scale.

   (b) The rules must address the most expensive types of treatment, such as residential and inpatient treatment, in order to make it possible for a client to responsibly contribute to his or her mental health or substance abuse care without jeopardizing the family’s financial stability. A person who is not eligible for Medicaid and whose net family income is less than 150 percent of the Federal Poverty Income Guidelines must pay a portion of his or her treatment costs which is comparable to the copayment amount required by the Medicaid program for Medicaid clients pursuant to s. 409.9081.

   (c) The rules must require that persons who receive financial assistance from the Federal Government because of a disability and are in long-term residential treatment settings contribute to their board and care costs and treatment costs and must be consistent with the provisions in s. 409.212.

   (5) A person who meets the eligibility criteria in subsection (1) shall be served in accordance with the appropriate district substance abuse and mental health services plan specified in s. 394.75 and within available resources.

s. 7, ch. 2000-349; s. 3, ch. 2009-132.