Public-Private Partnerships and Insurance Regulation

20 Pages Posted: 10 Aug 2012  

Alexander A. Boni-Saenz

Chicago-Kent College of Law

Date Written: March 2008

Abstract

A public-private partnership (PPP) is an institutional arrangement that embodies a collaborative approach to policy and regulation; it is a joint venture between the government and one or more private sector entities. Joint financing partnerships link public financing and private insurance to pay for certain social goods. Where the financing for social goods is fragmented and overlapping, as it is for health and social care, joint financing PPPs may help organize existing financing streams. This piece argues that partnerships of this type also present an opportunity for consumer-protective regulation of the insurance industry if certain conditions are met. Private insurers must perceive benefits to the partnership, government actors must be motivated to protect the government’s financial stake, and government interests must align with those of consumers. It uses the Medicaid Partnership for Long-Term Care to illustrate the argument.

Keywords: public-private partnership, insurance, long-term care, Medicaid, regulation, health care financing

Suggested Citation

Boni-Saenz, Alexander A., Public-Private Partnerships and Insurance Regulation (March 2008). Harvard Law Review, Vol. 121, No. 5, p. 1367, 2008. Available at SSRN: https://ssrn.com/abstract=2127497

Alexander Antonio Boni-Saenz (Contact Author)

Chicago-Kent College of Law ( email )

565 W. Adams St.
Chicago, IL 60661-3691
United States

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