Health Insurance Industry Fair Competition Act

(This measure has not been amended since it was introduced. The summary of that version is repeated here.)

Health Insurance Industry Fair Competition Act - Amends the McCarran-Ferguson Act to provide that nothing in that Act shall modify, impair, or supersede the operation of any of the antitrust laws with respect to the business of health insurance.

Applies prohibitions against using unfair methods of competition to the business of health insurance without regard to whether such business is carried on for profit.

[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4626 Introduced in House (IH)]

111th CONGRESS
  2d Session
                                H. R. 4626

    To restore the application of the Federal antitrust laws to the 
   business of health insurance to protect competition and consumers.


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                    IN THE HOUSE OF REPRESENTATIVES

                           February 22, 2010

Mr. Perriello (for himself, Ms. Markey of Colorado, Ms. Slaughter, Mr. 
    DeFazio, Mr. Andrews, Mr. Boswell, Mr. Boucher, Mrs. Capps, Mr. 
Capuano, Mr. Carnahan, Ms. Chu, Mr. Connolly of Virginia, Mrs. Davis of 
 California, Ms. DeGette, Ms. DeLauro, Mr. Ellison, Mr. Garamendi, Mr. 
Gene Green of Texas, Mr. Grijalva, Mr. Gutierrez, Mr. Hall of New York, 
Mr. Hare, Ms. Norton, Mr. Holt, Mr. Johnson of Georgia, Mr. Kildee, Ms. 
  Kilroy, Mr. Kissell, Mr. Klein of Florida, Mr. Langevin, Mr. Lujan, 
Mrs. Maloney, Mr. Markey of Massachusetts, Mr. Massa, Ms. McCollum, Mr. 
McDermott, Mr. Michaud, Mr. Moran of Virginia, Mr. Nadler of New York, 
  Mr. Olver, Mr. Owens, Mr. Pascrell, Mr. Perlmutter, Mr. Peters, Ms. 
Pingree of Maine, Mr. Polis of Colorado, Mr. Quigley, Mr. Ryan of Ohio, 
  Ms. Linda T. Sanchez of California, Mr. Scott of Georgia, Ms. Shea-
 Porter, Mr. Sherman, Mr. Stupak, Ms. Sutton, Mr. Taylor, Mr. Teague, 
   Mr. Tierney, Ms. Titus, Mr. Tonko, Mr. Van Hollen, Ms. Wasserman 
 Schultz, Mr. Welch, Ms. Woolsey, Mr. Wu, Mr. Barrow, and Ms. Hirono) 
 introduced the following bill; which was referred to the Committee on 
                             the Judiciary

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                                 A BILL


 
    To restore the application of the Federal antitrust laws to the 
   business of health insurance to protect competition and consumers.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Health Insurance Industry Fair 
Competition Act''.

SEC. 2. RESTORING THE APPLICATION OF ANTITRUST LAWS TO HEALTH SECTOR 
              INSURERS.

    (a) Amendment to McCarran-Ferguson Act.--Section 3 of the Act of 
March 9, 1945 (15 U.S.C. 1013), commonly known as the McCarran-Ferguson 
Act, is amended by adding at the end the following:
    ``(c) Nothing contained in this Act shall modify, impair, or 
supersede the operation of any of the antitrust laws with respect to 
the business of health insurance. For purposes of the preceding 
sentence, the term `antitrust laws' has the meaning given it in 
subsection (a) of the first section of the Clayton Act, except that 
such term includes section 5 of the Federal Trade Commission Act to the 
extent that such section 5 applies to unfair methods of competition.''.
    (b) Related Provision.--For purposes of section 5 of the Federal 
Trade Commission Act (15 U.S.C. 45) to the extent such section applies 
to unfair methods of competition, section 3(c) of the McCarran-Ferguson 
Act shall apply with respect to the business of health insurance 
without regard to whether such business is carried on for profit, 
notwithstanding the definition of ``Corporation'' contained in section 
4 of the Federal Trade Commission Act.
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