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Baker Acted a year ago - do I owe the hospital?

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hospitaldebt

Junior Member
What is the name of your state? Florida

December 2003 I was Baker Acted, and taken to the emergency room in handcuffs. Since about Febuary 04 the hospital has been trying to get me to pay the bill for services that I did not want, and absolutely did not request and had no choice to decline. I was held down on a bed for about 10 hours with vital sign monitors hooked up to me, and they gave me two ham sandwiches I think. Not worth two thousand dollars in my opinion.

Now I'm being harassed by a collection agency, rude and threatening phone calls and letters.

My question is do I really owe them for this? They never gave me any kind of receipt or bill when I left the hospital, I left with no knowledge that I would be billed for it. I've pleaded my case to the collection agency but being what they are, a collection agency, they obviously do not care.

Please help.

Thanks, Aaron.
 


hospitaldebt

Junior Member
Baker act - Basically someone can call the police and tell them that they think you're going to hurt yourself, and they can arrest you and hospitalize you for 72 hours against your own will.

An officer signed me in as a patient.
 

Ladynred

Senior Member
Here's some info on FL's Baker Act (I never heard of it either)

What are the criteria for involuntary psychiatric exams in Florida?

Florida law permits a mental health professional, law enforcement officer, or judge who issues an ex parte order to initiate an involuntary examination only when a person meets the following criteria:

f there is reason to believe that he or she is mentally ill and because of his or her mental illness:

(a) 1. The person has refused voluntary examination after conscientious explanation and (a) disclosure of the purpose of the examination; or

(a) 2. The person is unable to determine for himself or herself whether the examination is (a) necessary; and

(b) 1. Without care or treatment, the person is likely to suffer from neglect or refuse to care for himself or herself; such neglect or refusal poses a real and present threat of substantial harm to his or her well-being; and it is not apparent that such harm may be avoided through the help of willing family members or friends or the provision of other services; or

(a) 2. There is a substantial likelihood that without care or treatment the person will cause serious bodily harm to himself or herself or others in the near future, as evidenced by recent behavior.


More info here: http://www.psychlaws.org/PressRoom/faqonbakeract.htm

Ok.. so it would appear they thought you would do harm to yourself or someone else. It also appears to refer to substance abuse.

The fact is, you DID receive treatment and I can't find anything in the Act that says the state pays for such involuntary exams. Your best bet is probably to talk to a lawyer and find out EXACTLY what the low-down is on the bill for an involuntary exam and/or admission.

There are LOTS of rules and procedures pertaining to this whole process, including 'discharge planning' , so you really need to find out EXACTLY what was or was not done.

****edit****

I found this in the Act itself:
394.469
(2) RIGHT TO TREATMENT.—
(a) A person shall not be denied treatment for mental
illness and services shall not be delayed at a receiving
or treatment facility because of inability to pay.
However, every reasonable effort to collect appropriate
reimbursement for the cost of providing mental health
services to persons able to pay for services, including
insurance or third-party payments, shall be made by
facilities providing services pursuant to this part.
the patient, the guardian advocate, or the guardian.
http://www.dcf.state.fl.us/mentalhealth/laws/chapter394.pdf

Given that, I'd say you ARE required to pay, whether you wanted it or not.
 
Last edited:

hospitaldebt

Junior Member
Would it really be worth it (to get a lawyer involved)? The bill is $2000 dollars, they said they would settle for $1500. I declined, I offered to settle for $1000, which is $1000 more than I feel obligated to pay in the first place, which they declined. It was a nasty conversation as you can imagine.

The woman I spoke to wanted to know what kind of work I do, who I work for, how much my income is, etc..I told her that it is none of her business.

Its been over a year and a half since this stuff happened, and I haven't paid them a dime. Do collection agencies typical sue, or would the hospital do that?
Is a couple thousand dollars even worth suing over? I'm begining to feel that they're just trying to bluff me.
 

Ladynred

Senior Member
Hospitals and medical providers don't bluff and they WILL sue you for $2k. The law clearly states you ARE liable, so they are doing nothing wrong. Have you tried negotiating with the hospital rather than their colleciton clowns ?? Collection agencies don't want to bargain, they want it ALL and they want it NOW.

You need to put your settlement offer IN WRITING and stop trying to negotiate on the phone... it will never hold water and they will renege on any verbal 'agreement'.
 

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