A Comparative Analysis of Mandated Benefit Laws, 1949–2002

Abstract

There was a large increase in the number of mandated benefits laws during the managed care "backlash" of the 1990s. Many states now use mandated benefits to prescribe not only what services and benefits would be provided but how, where, and when services will be provided.

Acceptability of school requirements for human papillomavirus vaccine

“…22 For HPV vaccination requirements, all currently proposed state regulations offer provisions allowing parents to "opt out" of giving their daughters HPV vaccine, 10,23 although opt-out provisions differ by state. 7,24,25 In the two jurisdictions where laws on requirements for HPV vaccination have already been enacted, Washington DC and the state of Virginia, parents can opt out for any reason. 10 States will also have to weigh the potential downside of opt-out provisions, given that in geographical areas with broader exemptions for other required vaccines, decreased vaccine uptake and an increased incidence of vaccine-preventable disease has been observed, as compared with areas without such exemptions.…”

The Effect of State Insurance Mandates on Infant Immunization Rates

“…For example, some mandates only require insurers to offer one type of policy that includes coverage of a service, which are less effective than those requiring coverage in all policies (Buchmueller et al, 2007). Moreover, under the Employee Retirement Income Security Act (ERISA), self-insured plans are exempted from state mandates that account for the coverage of about half of employees (Laugesen et al, 2006;Buchmueller et al, 2007). Mandate legislation can also vary by the exemptions allowed, especially with regard to firm size and potential cost increases and whether they permit yearly or lifetime caps (Gruber, 1994).…”

State Insurance Mandates in the USA

“…Although they only consider provider and service mandates, Laugesen et al (2006) reported that of nearly 1500 state mandates enacted between 1949 and 2002, 12% were enacted in the 1970s, 25% in the 1980s, 39% in the 1990s, and another 16% in the first 3 years of the 2000s. There were few statutes until the 1970s when the number of laws began to proliferate.…”

“…As Laugesen et al (2006) noted, 50 jurisdictions had enacted breast reconstruction legislation by the time the federal legislation was passed in 1998 and 32 states had enacted maternal and newborn minimum stay provisions before or coincident with the 1996 federal legislation. The first was the 1979 Pregnancy Discrimination Act, which required that pregnancy be covered as a medical condition in most employer-sponsored plans.…”