COE (state-specific) · State Courts
Detailed evaluation of an individual meeting criteria for court-ordered treatment (danger to self, danger to others, persistently/acutely disabled, gravely disabled). Requires two behavioral health professionals.
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File a motion or petition with the court that has jurisdiction
May be filed in civil, criminal, or family court depending on the context. Requirements vary by jurisdiction.
Filing Deadline
Depends on the legal proceeding. In criminal cases, competency evaluations may be requested at any time before trial. In civil cases, file when the need becomes apparent.
Court ruling on the motion: 1-4 weeks. Completion of the evaluation: 30-60 days after the court order is issued. Reports due to the court per the order's timeline.
The court will schedule a hearing on the motion. If granted, the court will appoint an evaluator and set a deadline for the report. The evaluator's report is submitted to the court and may be used in subsequent proceedings.
Parity Disclosure (insurer/state-specific) · Health Insurance Plans / State DOI
Request for insurer to disclose how it applies parity requirements: comparing treatment limits, medical necessity criteria, and non-quantitative treatment limitations (NQTLs) between mental health/substance use and medical/surgical benefits.
MH Appeal Letter · Member / Attorney
Written appeal documenting how a denial violates the Mental Health Parity and Addiction Equity Act (MHPAEA). Appeals with specific parity violation documentation have significantly higher approval rates.
EBSA MHPAEA Complaint · U.S. Department of Labor (EBSA)
Complaint to DOL Employee Benefits Security Administration about employer-sponsored plan violations of mental health parity requirements under the MHPAEA.
SUD PA (insurer-specific) · Health Insurance Plans
Prior authorization for inpatient detox, residential treatment, intensive outpatient (IOP), or medication-assisted treatment (MAT). Subject to MHPAEA parity requirements.
42 CFR Part 2 Consent · Substance Abuse Treatment Programs
Special consent required under federal law (42 CFR Part 2) for disclosure of substance use disorder treatment records. More restrictive than standard HIPAA authorization. Requires specific elements including prohibition on re-disclosure.
Baker Act / 5150 / Section 12 (state-specific) · State Courts / Law Enforcement / Providers
Legal petition for involuntary psychiatric examination of a person believed to meet criteria for danger to self/others or grave disability. Known by different names: Baker Act (FL), 5150 (CA), Section 12 (MA), and other state-specific designations.
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