Friday, June 4, 2010

ARLS Visitor Question - The Family Guide to the Florida Marchman Act

Q: Anonymous asked...

"I know the court places the person in a state run facility, are the petitioners charged for the the person's care? Or is it covered by the state? - Friday, June 04, 2010."


ARLS Answer:

Thank you for your question. I would like to address this by first commenting on a common misconception re: The Florida Marchman Act. Many people believe the Florida MMA is a statue that only addresses individuals who are indigent (at the poverty level). Accordingly, many believe that anyone who is MMA'ed by the court is sent to a state run treatment program or facility. This is not the case. When a person is ordered into assessment, stabilization or treatment under the Florida MMA, that person can be ordered into a privately paid facility (if, insurance or private funds are available to pay for their treatment), or, the person can be ordered into a treatment facility that is a county/community based treatment center. County or community based facilities are often funded by state grants, donations or other state/county/private funding sources. However, the Florida MMA is applicable to both private AND county facilities. Wealthy, middle class and indigent individuals can be ordered into treatment under the Florida Marchman Act.

So, let me answer your question directly: If an adult is ordered into a private or community based facility, that person is responsible for paying for their treatment. In the case of a juvenile, the family would be responsible. That being said, most community treatment facilities (non-private facilities) operate on a sliding scale basis, which is based on a person or families "ability to pay". If one cannot pay, the patient will not be denied treatment because of their inability to pay.

I hope this answers your question. Again, great question and thank you for asking.

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