Vol. 24 Annals of Health Law 280
A. Limits
1. Quantitative Limits on Mental Health In-Patient Services
Service Mental/Behavioral Health In-Patient Services (MHIP)
Limit of States States
No limit 29
AK, AZ, CA, CO, CT, DC, GA, HI, ID, IL,
KS, LA, ME, MD, MO, MT, NV, NH, NJ,
NM, NC, ND, RI, SD, VT, VA, WA, WV, WI
1–14 days /
yr 1 TX
14–31 days /
yr 16 AL, DE, FL, IN, IA, KY, MI, MS, NE, NY, OH, OK, PA, TN, UT, WY
< 31 days /
yr 2 MA, OR
Other 3 AR, MN, SC
Over half of the states did not place any limits on their mental health in-patient services (“MHIP”) service. Those that did typically restricted the
availability of these services to a set number of days per year. These ranged
from ten days per year (TX) to sixty days per year (MA). Thirteen states
limited these services to thirty or thirty-one days per year. Three states limited these services using some other criteria, such as “7 days per benefit period” (SC) or “ 365 day max confinement” (MN). Many states combined the
limits they placed on their MHIP services with the limits placed on the substance use disorder in-patient (“SUIP”) services, described in further detail
below.
