Baker Act Law? Details needed...urgently!?

Question

URGENT!!! I need to know every detail you could possibly furnish about the Baker Act. One of my close relatives has been in a hospital for over 24 hours, they won't let us into the hospital. She is an adult with mental health problems. We don't know if she has possibly said something about committing suicide, but they won't tell us anything, much less let us into the hospital, so please, as quickly as possible, tell me everything that you know about the Baker Act.

Answer 1

http://search.yahoo.com/search?p=baker+a...

Only legal if you're in Florida, though.  Otherwise, you're stuck with HIPAA and its inner workings.

Answer 2

Here's another article about the Baker Act.  http://www.psychlaws.org/PressRoom/faqon...

HIPPA are the federal privacy laws.  The doctors can't release any information about a patient unless the patient has given them permission in writing, and has named the people who are allowed to talk to the doctor.

EDIT:  Here's a link to some of the Illinois law:

http://www.psychlaws.org/LegalResources/...

It sounds like this section might be applicable: ARTICLE VI. EMERGENCY ADMISSION BY CERTIFICATION.  There isn't a direct link so you'll have to search.

Answer 3

It is called the Baker act in Florida, but all states have laws regarding persons believed to be a danger to themself or someone else, and mental illness.  It involves a court order to admit them to the hospital involuntarily.

Usually, they are kept for a period of time, and there is then a hearing to rule on if she needs to be kept longer.  

Any release of information is under HIPAA, which is federal law, not Fl..they are not allowed to release anything, unless to parent of a minor. People in psch hospitals are especially vulnerable to this, since there is stigma.

I don't know if this would work. but you might call the hospital, and make it clear that you are NOT asking for info, since you know you cannot get it. However, you can ask to leave a message for the staff (her physician), that you are a concerned relative, and available for help if needed. You are not prohibited by HIPAA from GIVING info. just getting it, without consent.