A person may not be held for longer than 72 hours and when the 72 hours is up the person must be released unless charged with a crime, or the person must decide to stay on a voluntary basis or the facility must file a petition for involuntary commitment.
My father was Baker Acted because he was in the hospital with Covid and double pneumonia but at some point got out of bed in a diluted state and got violent when they tried to get him back in his room. Now he is lucid but they won’t allow any visitors and claim the 72 hours won’t begin till he’s medically stable and transferred to psych unit. How can this be happening? Do we have any rights? It could be weeks before he’s medically stable. He’s 78 years old!
Please call us at 800-782-2878 and ask to speak to one of our advocates.
how does this make since? I baker acted my wife, she has bipolar and doesn’t want to admit it, now she is out and wants a divorce and the establishment She was at will not give out any information on her diagnosis.
We cannot provide legal or medical advice. HIPPA – So long as the patient does not object, HIPAA allows the provider to share or discuss a patient’s mental health information with the patient’s family members. See 45 CFR 164.510(b). https://www.hhs.gov/sites/default/files/hipaa-privacy-rule-and-sharing-info-related-to-mental-health.pdf