Boston University School of Law
Health insurance can be, and to a large extent already is, a separate species of insurance. This article describes the different views of insurance that made health reform contentious. It argues that the goals of health reform are incompatible with conventional views of insurance. Nonetheless, reforming health insurance to achieve those goals does not require as dramatic shift as some might think, because health insurance has already become primarily a means of paying for health care, rather than a simple risk spreading device for specified losses.
Wendy K. Mariner,
What's Insurance Got to Do with It? Recognizing Health Insurance as a Separate Species of Insurance,
American Journal of Law & Medicine
Available at: https://scholarship.law.bu.edu/faculty_scholarship/364