Regulatory Pathways to Promote Treatment for Substance Use Disorder or Other Under-Treated Conditions Using Risk Adjustment
46 J. L. Med. & Ethics 945 (2018)
5 Pages Posted: 11 Oct 2018 Last revised: 12 Mar 2019
Date Written: September 19, 2018
This Commentary provides a legal analysis of the extent to which changes proposed by scholars to promote care for substance use disorder or other under-treated illnesses through risk adjustment could be implemented administratively, without legislation, in federal risk adjustment systems: Medicare’s privatized component, Medicare’s pharmaceutical component, and the individual and small group market. As the Commentary explains, federal laws governing risk adjustment provide broad discretion to regulators and can reasonably be interpreted to permit (or in the case of Part C even compel) full and final implementation through the administrative process of almost all of the changes that scholars have proposed.
Keywords: Health Insurance, Addiction, Mental Health, Mental Illness, Parity, Risk Adjustment, Substance Use Disorder, Law
JEL Classification: I13, K23
Suggested Citation: Suggested Citation