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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File with the local court or present to law enforcement for emergency situations
Procedures vary significantly by state. Some states allow any adult to petition; others restrict to specified professionals or family members.
Filing Deadline
File when there is an imminent risk of harm to self or others. Emergency situations may bypass standard petition procedures.
Emergency: law enforcement can act immediately. Court-ordered: hearing typically within 24-72 hours of filing the petition.
If granted, law enforcement or designated professionals will transport the individual to a receiving facility for examination. A psychiatrist must evaluate the individual, typically within 72 hours. The individual has the right to counsel and a hearing.
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 (CF-MH 3001-3100 series) · Florida Department of Children and Families
Florida-specific involuntary examination petition under the Baker Act. Allows 72-hour hold for psychiatric evaluation when a person meets criteria for involuntary examination.
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