COT Petition (state-specific) · State Courts
Petition for involuntary inpatient or outpatient treatment after evaluation confirms that the individual meets criteria for court-ordered care. Filed by treatment provider, family member, or state attorney.
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File with the court that has jurisdiction over civil commitment in your county
Procedures vary significantly by state. Some states have separate courts for mental health matters.
Filing Deadline
File after involuntary examination demonstrates need for continued treatment. In most states, the petition must be filed before the initial hold period expires.
Hearing typically scheduled within 5-14 days of filing. Emergency extensions may be granted pending the hearing. Initial court-ordered treatment periods are typically 90-180 days.
The court will schedule a hearing at which the respondent has the right to counsel (appointed if indigent), to present evidence, and to cross-examine witnesses. If ordered, treatment may be inpatient or outpatient (AOT — Assisted Outpatient Treatment).
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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