The regulatory framework in which employee benefits products are marketed and consumed by individuals and groups seeking to reduce exposure to covered events which influences the way insurance products are developed. The paper examines the important role that various forms on insurance play in the total compensation of low wage employees, focusing in particular on disability and health insurance. In particular, the author seeks ways in which the applicable regulatory framework might be altered to improve access and coverage. The important aspect of state regulatory law is the growing tendency to impose mandates on insurers who wish to do business within their borders. Although there are sensitive issues surrounding the use of permitting the unfettered practice of risk classification, there are possible benefits with this practice because the insurer simply seeks to incorporate certain facts into its calculations in order to offer the fairest possible premium price. Thus, moving away from a regime dominated by mandates would free employers and insurers to fashion contractual arrangements that suit their particular needs.
Maria O'Brien Hylton,
Some Preliminary Thoughts on the Deregulation of Insurance to Advantage the Working Poor,
24 Fordham Urb. L.J. 687
Available at: http://ir.lawnet.fordham.edu/ulj/vol24/iss4/4