Law Commons^™

Value-Based Mandated Health Benefits, Amy B. Monahan

University of Colorado Law Review

Mandated health benefit laws figure prominently in health reform debates. These laws, which are primarily enacted by the states, require health insurers to cover specific medical treatment, services, or supplies such as mental health treatment, mammograms, or diabetes testing supplies. Critics argue that mandated health benefit laws increase health insurance costs, decrease consumer choice, and often are the product of rent-seeking, rather than sound public policy. This Article seeks to further the discussion of mandated health benefit laws by systemically identifying permissible rationales for such laws. The justifications identified include addressing (1) market failure that leads to nonavailability of coverage, …