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Florida Psych Hospital Accused of Cashing in on Baker Act Patients

George Indest HeadshotBy George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law
In September 2019, a report on an investigation by The Tampa Bay Times stated that a North Tampa psychiatric hospital might be more harmful than helpful to its patients. The Tampa Bay Times claimed the health facility exploited patients held under the state’s mental health law known as the Baker Act. The Baker Act allows the involuntary confinement of a person in a mental health facility for a limited period of time if that person presents a threat to himself or to others; however, there are many limitations on this and rights that such persons have. The center has routinely held patients inappropriately against their will, making millions of dollars in the process, the newspaper reported.

After analyzing hospital records, police reports, court records, and interviews with former patients, the Tampa Bay Times was able to show that the hospital tricked or used coercive methods to keep patients locked up. Additionally, some patients described getting virtually no psychiatric treatment while admitted, according to the story.

Violations of The Baker Act.

Patients are often checked in for 72 hours the Baker Act, the Florida law that allows mental health centers to detain patients who are at risk of self-harm. The 72 hour period is to allow time for psychiatrists to evaluate the patient to see if the patient meets criteria to be confin3ed beyond the 72 hours. After 72 hours, unless a psychiatrist has found otherwise, facilities cannot legally hold patients against their will.

Despite the law, the Florida psych hospital allegedly used loopholes in the statute to hold patients longer than the law permits, thereby running up their hospital treatment bills, according to the report. The investigation exposed that the hospital uses a variety of tactics to keep patients beyond 72 hours. Some patients were tricked into thinking they had waived their right to leave the facility. Others were forced to wait around for court hearings that never happened. The extended stays were proven to be very lucrative to the facility named in the news report. It reportedly had the fourth-highest profit margin of any Florida psychiatric hospital in 2017.

Following the investigation by the Tampa Bay Times, Florida lawmakers are now calling for government regulators to further investigate the facility. Click here for more information, including a letter sent by a state representative to the Centers for Medicare and Medicaid Services (CMS).

For more information on the Baker Act law, click here to read one of my prior blogs.

Click here to visit our Areas of Practice page on our website and learn more about specific Baker Act cases and how we can assist you in these matters.

Contact Health Law Attorneys Experienced in Handling Victims of Involuntary Confinement Through the Baker Act and Marchman Act.

The Health Law Firm represents individuals, families and friends in challenges to and hearings related to the Florida Baker Act and Marchman Act, when the basic criteria for confinement are not met and there is no medical necessity for further confinement.

Our firm has a process we follow to make sure that a person who should not be held under the Baker Act may be released in a very short time. If the basic criteria for a Baker Act confinement are not present, the person is not required to be held and should be released. If the person has been living independently for decades, has family and a support system available, and has had no prior mental health problems, the odds are he or she should not be involuntarily confined. We act immediately to begin our representation, to make the hospital and its physicians aware that we are representing you, and to take measures to obtain release. If required, we are prepared to file an emergency Petition for Writ of Habeas Corpus with the local Circuit Court to have you brought before the judge for an emergency release hearing. These cases can be time-intensive, require a great deal of immediate work, but can yield fast results in most cases.

To contact The Health Law Firm, please call (407) 331-6620 or (850) 439-1001 and visit our website at www.TheHealthLawFirm.com.

Sources:

Bedi, Neil. “How one Florida psychiatric hospital makes millions off patients who have no choice.” Tampa Bay Times. (September 18, 2019). Web.

Harnes, Anna. “Florida Psych Hospital Holds Patients Captive To Make Millions In ‘Shocking’ Report.” Inquisitr. (September 21, 2019). Web.

Bedi, Neil. “Lawmakers call for investigations into Wesley Chapel psychiatric hospital.” Tampa Bay Times. (October 7, 2019). Web.

About the Author: George F. Indest III, J.D., M.P.A., LL.M., is Board Certified by The Florida Bar in Health Law. He is the President and Managing Partner of The Health Law Firm, which has a national practice. Its main office is in the Orlando, Florida, area. www.TheHealthLawFirm.com The Health Law Firm, 1101 Douglas Ave., Altamonte Springs, FL 32714, Phone: (407) 331-6620.

KeyWords: Baker Act defense attorney, legal representation for Baker Act cases, legal representation for involuntary Baker Act confinement, legal representation for involuntary confinement, mental health confinement defense attorney, petition for Writ of Habeas Corpus, Baker Act attorney, Baker Act defense lawyer, legal representation for Florida Baker Act, Florida Marchman Act defense attorney, Florida Baker Act lawyer, mental health lawyer, mental health representation, legal representation for Baker Act law, representation for mental health facilities, representation for mental health professionals, psychologist defense counsel and legal representation, social worker legal counsel and mental health counselor defense attorney, The Health Law Firm, reviews of The Health Law Firm attorneys, The Health Law Firm reviews

“The Health Law Firm” is a registered fictitious business name of and a registered service mark of The Health Law Firm, P.A., a Florida professional service corporation, since 1999.
Copyright © 2019 The Health Law Firm. All rights reserved.

Florida Psychiatric Hospital Accused of Cashing in on Baker Act Patients

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law

In September 2019, a report on an investigation by The Tampa Bay Times stated that a North Tampa psychiatric hospital might be more harmful than helpful to its patients. The Tampa Bay Times claimed the health facility exploited patients held under the state’s mental health law known as the Baker Act. The Baker Act allows the involuntary confinement of a person in a mental health facility for a limited period of time if that person presents a threat to himself or to others; however, there are many limitations on this and rights that such persons have. The center has routinely held patients inappropriately against their will, making millions of dollars in the process, the newspaper reported.

After analyzing hospital records, police reports, court records, and interviews with former patients, the Tampa Bay Times was able to show that the hospital tricked or used coercive methods to keep patients locked up. Additionally, some patients described getting virtually no psychiatric treatment while admitted, according to the story.

Violations of The Baker Act.

Patients are often checked in for 72 hours the Baker Act, the Florida law that allows mental health centers to detain patients who are at risk of self-harm. The 72 hour period is to allow time for psychiatrists to evaluate the patient to see if the patient meets criteria to be confin3ed beyond the 72 hours. After 72 hours, unless a psychiatrist has found otherwise, facilities cannot legally hold patients against their will.

Despite the law, the Florida psych hospital allegedly used loopholes in the statute to hold patients longer than the law permits, thereby running up their hospital treatment bills, according to the report. The investigation exposed that the hospital uses a variety of tactics to keep patients beyond 72 hours. Some patients were tricked into thinking they had waived their right to leave the facility. Others were forced to wait around for court hearings that never happened. The extended stays were proven to be very lucrative to the facility named in the news report. It reportedly had the fourth-highest profit margin of any Florida psychiatric hospital in 2017.

Following the investigation by the Tampa Bay Times, Florida lawmakers are now calling for government regulators to further investigate the facility. Click here for more information, including a letter sent by a state representative to the Centers for Medicare and Medicaid Services (CMS).

For more information on the Baker Act law, click here to read one of my prior blogs.

Click here to visit our Areas of Practice page on our website and learn more about specific Baker Act cases and how we can assist you in these matters.

Contact Health Law Attorneys Experienced in Handling Victims of Involuntary Confinement Through the Baker Act and Marchman Act.

The Health Law Firm represents individuals, families and friends in challenges to and hearings related to the Florida Baker Act and Marchman Act, when the basic criteria for confinement are not met and there is no medical necessity for further confinement.

Our firm has a process we follow to make sure that a person who should not be held under the Baker Act may be released in a very short time. If the basic criteria for a Baker Act confinement are not present, the person is not required to be held and should be released. If the person has been living independently for decades, has family and a support system available, and has had no prior mental health problems, the odds are he or she should not be involuntarily confined. We act immediately to begin our representation, to make the hospital and its physicians aware that we are representing you, and to take measures to obtain release. If required, we are prepared to file an emergency Petition for Writ of Habeas Corpus with the local Circuit Court to have you brought before the judge for an emergency release hearing. These cases can be time-intensive, require a great deal of immediate work, but can yield fast results in most cases.

To contact The Health Law Firm, please call (407) 331-6620 or (850) 439-1001 and visit our website at www.TheHealthLawFirm.com.

Sources:

Bedi, Neil. “How one Florida psychiatric hospital makes millions off patients who have no choice.” Tampa Bay Times. (September 18, 2019). Web.

Harnes, Anna. “Florida Psych Hospital Holds Patients Captive To Make Millions In ‘Shocking’ Report.” Inquisitr. (September 21, 2019). Web.

Bedi, Neil. “Lawmakers call for investigations into Wesley Chapel psychiatric hospital.” Tampa Bay Times. (October 7, 2019). Web.

About the Author: George F. Indest III, J.D., M.P.A., LL.M., is Board Certified by The Florida Bar in Health Law. He is the President and Managing Partner of The Health Law Firm, which has a national practice. Its main office is in the Orlando, Florida, area. www.TheHealthLawFirm.com The Health Law Firm, 1101 Douglas Ave., Altamonte Springs, FL 32714, Phone: (407) 331-6620.

KeyWords: Baker Act defense attorney, legal representation for Baker Act cases, legal representation for involuntary Baker Act confinement, legal representation for involuntary confinement, mental health confinement defense attorney, petition for Writ of Habeas Corpus, Baker Act attorney, Baker Act defense lawyer, legal representation for Florida Baker Act, Florida Marchman Act defense attorney, Florida Baker Act lawyer, mental health lawyer, mental health representation, legal representation for Baker Act law, representation for mental health facilities, representation for mental health professionals, psychologist defense counsel and legal representation, social worker legal counsel and mental health counselor defense attorney, The Health Law Firm, reviews of The Health Law Firm attorneys, The Health Law Firm reviews

“The Health Law Firm” is a registered fictitious business name of and a registered service mark of The Health Law Firm, P.A., a Florida professional service corporation, since 1999.
Copyright © 2019 The Health Law Firm. All rights reserved.

Legally Speaking: Professional Liability Insurance for Psychologists, Mental Health Counselors, Social Workers and Therapists

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law

Those supervised by the Board of Psychology and the Board of Clinical Social Work, including Marriage and Family Therapy and Mental Health Counseling, psychologists, Licensed Mental Health Counselors, Clinical Social Workers and Licensed Marriage and Family Therapists are responsible for one of the most important component of patient care: mental health.

Professional Liability Insurance.

Insuring the mental health of a patient does not come without inerrant risks. For this reason, every mental health professional should carry professional liability insurance that includes professional license defense coverage (sometimes called disciplinary defense, license defense, administrative hearing coverage or broad coverage). This type of insurance coverage is included in most professional liability policies. However, if it is not, it can often be added as a rider to the insurance policy for an additional charge. Mental health professionals should be sure that coverage for professional license defense is at least $25,000 and a $50,000 increase is recommended.

“Broad form coverage” should also be requested and obtained that includes coverage of legal fees for defense of all administrative or governmental proceedings, including Medicare audits, Medicaid audits, EEOC complaints, and other types of governmental actions that could be initiated.

Though mental health may not seem like a high-risk field, if dissatisfied, patients can file complaints that can lead to serious consequences. These complaints can be initiated against a mental health professional based solely on anonymous calls to the Department of Health Hotline, newspaper reports, prior arrest reports, disgruntled patients, disgruntled insurance companies, competitors, or other sources. Once an investigation is initiated, psychologists, therapists, counselors and other mental health professionals should obtain legal representation immediately to ensure that each action on the part of the psychologist or other mental health professional will result in a more favorable outcome.

Retain a Board Certified Health Lawyer.

A board certified health lawyer experienced in representing mental health professionals will be the most qualified to handle a DOH case. A mental health professional may never face a DOH investigation or Board of Psychology or Board of Clinical Social Work, Marriage and Family Therapy and Mental Health Counseling administrative hearing, but it is important that every psychologist and counselor has knowledge of current legislation impacting the psychology field. The Florida Statutes have recently been updated to prohibit anyone from using the title of “social worker” unless certain requirements are met.

Additionally, there have been changes made to guidelines for treatment programs for impaired professional and psychologist reporting requirements.

Contact Health Law Attorneys Experienced in the Representation of Mental Health Counselors, Psychologists, Social Workers, and Marital and Family Therapists.

We have had mental health professionals who became victims of completely unreasonable demands from their clients/patients (house sitting, pet sitting, etc.), stalking by their clients/patients, identity theft and computer hacking by their clients/patients. Don’t become a victim yourself.

The attorneys of The Health Law Firm can assist and advise you in dealing with difficult clients/patients. We can stop stalking, cyber-stalking and harassment. We can respond to client/patient letters. We can defend you if a client/patient files a complaint against you.

To contact The Health Law Firm, please call (407) 331-6620 or (850) 439-1001 and visit our website at www.TheHealthLawFirm.com.

About the Author: George F. Indest III, J.D., M.P.A., LL.M., is Board Certified by The Florida Bar in Health Law. He is the President and Managing Partner of The Health Law Firm, which has a national practice. Its main office is in the Orlando, Florida area. www.TheHealthLawfirm.com The Health Law Firm, 1101 Douglas Ave., Altamonte Springs, FL 32714, Phone; (407) 331-6620.

KeyWords: Mental Health Counselor Law, Occupational Therapist representation, mental health representation, mental health counselor attorney, mental health attorney, Mental Health Counselor representation, legal counsel for mental health professionals, mental health defense lawyer, representation for mental health professionals, reviews of The Health Law Firm, The Health Law Firm attorney reviews, Florida mental health professional representation, Florida mental health professional attorney

“The Health Law Firm” is a registered fictitious business name of George F. Indest III, P.A. – The Health Law Firm, a Florida professional service corporation, since 1999. Copyright © 2018 The Health Law Firm. All rights reserved.

Massachusetts Insurance Company Sued in Mental Health Discrimination Suit

Geroge F. Indest III HeadshotBy George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law

On July 20, 2018, a Massachusetts federal judge allowed a woman to move forward with a proposed class action against Harvard Pilgrim Health Care Insurance Company (Harvard Pilgrim). The woman is claiming that Harvard Pilgrim, which covers medical expenses at nursing homes, must also cover mental health care at her son’s behavior-correcting summer camp.

Mental Health Parity Act.

U.S. District Judge Denise J. Casper denied a motion to dismiss from the insurer, saying that the plaintiff adequately equated the two types of health settings in a lawsuit. In the suit, the insurer is accused of violating the Mental Health Parity Act when it denied coverage for behavioral services at wilderness programs. Its blanket exclusion for services rendered at wilderness treatment programs is a separate treatment limitation applicable only to mental health benefits and thus violative of the Parity Act.

The statute generally requires insurers to cover mental health treatments on the same terms that they cover medical and surgical care. As a result of this violation, the plaintiff was forced to pay more than $16,000 out of pocket for her teenage son, the lawsuit alleges.
Click here to view the complaint in full.

The Defendant’s Arguments.

In response, Harvard Pilgrim argued that it excludes wilderness-like medical benefits such as diabetes camps, so excluding wilderness mental health care is not differential. In addition, in court documents it insisted that the correct comparison was whether both types of treatment, physical and cognitive, would be excluded if offered through a wilderness program.

Despite the arguments, Judge Casper stated that the First Circuit has held that a plan administrator, in terminating or denying benefits, may not rely on a theory for its termination or denial that it did not communicate to the insured prior to litigation. To read Judge Casper’s order in full, click here.

Contact Health Law Attorneys Experienced in the Representation of Mental Health Counselors, Psychologists, Social Workers, and Marital and Family Therapists.

We have had mental health professionals who became victims of completely unreasonable demands from their clients/patients (house sitting, pet sitting, etc.), stalking by their clients/patients, identity theft and computer hacking by their clients/patients. Don’t become a victim yourself.

The attorneys of The Health Law Firm can assist and advise you in dealing with difficult clients/patients. We can stop stalking, cyber-stalking and harassment. We can respond to client/patient letters. We can defend you if a client/patient files a complaint against you.

To contact The Health Law Firm, please call (407) 331-6620 or (850) 439-1001 and visit our website at www.TheHealthLawFirm.com.

Sources:

Wille, Jacklyn. “Harvard Pilgrim Sued Over Wilderness Therapy Coverage.” Bloomberg Law. (July 24, 2018). Web.

Noon, Alison. “Harvard Pilgrim Must Face Mental Health Discrimination Suit.” Law360. (July 24, 2018). Web.

About the Author: George F. Indest III, J.D., M.P.A., LL.M., is Board Certified by The Florida Bar in Health Law. He is the President and Managing Partner of The Health Law Firm, which has a national practice. Its main office is in the Orlando, Florida area. www.TheHealthLawfirm.com The Health Law Firm, 1101 Douglas Ave., Altamonte Springs, FL 32714, Phone; (407) 331-6620.

KeyWords: Mental Health Counselor Law, Occupational Therapist representation, mental health representation, mental health counselor attorney, mental health attorney, Mental Health Counselor representation, legal counsel for mental health professionals, mental health defense lawyer, representation for mental health professionals, reviews of The Health Law Firm, The Health Law Firm attorney reviews, Florida mental health professional representation, Florida mental health professional attorney

“The Health Law Firm” is a registered fictitious business name of George F. Indest III, P.A. – The Health Law Firm, a Florida professional service corporation, since 1999. Copyright © 2018 The Health Law Firm. All rights reserved.