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Professor Tovino offers a survey of state benchmark plan coverage of opioid use disorder treatments and services, and identifies trends and limitations relevant thereto. Part II of the article provides background information regarding opioid use disorder and the treatments and services available for individuals with this disorder. Part III reviews federal mental health parity law and federal mandatory mental health and substance use disorder law as applied to insurance coverage of treatments and services for opioid use disorder, with a focus on the Affordable Care Act's (ACA's) state benchmark health plan selection requirement and the effect on that requirement of a recent federal district court opinion striking down the ACA. Appendix A documents state benchmark plan limitations potentially applicable to individuals with opioid use disorder, and Part IV analyzes these trends. A conclusion clarifies how the invalidation of the entire ACA could affect insurance coverage of opioid use disorder treatments and services going forward.

Publication Citation

70 S.C. L. REV. 763 (2019).