Seven decades of antitrust immunity for the health insurance industry has just ended. That startling but not unexpected action should prompt insurers, health care providers and.
ACA Applauds Signing of Competitive Health Insurance Reform Act
Newswise Arlington, Va. – The American Chiropractic Association (ACA) applauds Congress for passing legislation that will promote fair competition in health insurance markets with the removal of a 75-year-old exemption that allowed these companies to avoid federal antitrust laws. The Competitive Health Insurance Reform Act (H.R. 1418) passed the House of Representatives and the Senate last year and was signed into law on Jan. 13.
“The American Chiropractic Association advocated for this important change for many years. The passage of this bill is an essential step toward increasing competition in health insurance markets and lowering prices for consumers,” said ACA President Robert C. Jones, DC.
Competitive Health Insurance Reform Act becomes law
e-mailPrintShare ADA-supported bill repeals McCarran-Ferguson antitrust exemption for health insurance companies January 14, 2021 By Jennifer Garvin
Washington The Competitive Health Insurance Reform Act, legislation that repeals the McCarran-Ferguson antitrust exemption for health insurance companies, became law on Jan. 13.
The law is the “culmination of a multi-year effort by several organizations, including the American Dental Association, to persuade Congress that health care insurance, including dental plans, should no longer be protected from some of the federal antitrust laws,” according to an ADA news release.
The new law is aimed at improving transparency and competition in the health, dental and vision insurance marketplaces. The ADA hopes this will lead the Federal Trade Commission and the Department of Justice to investigate alleged anticompetitive practices and activi
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Our Antitrust and Health Care Groups examine the implications of the limited repeal of the McCarran–Ferguson Act by the just-signed Competitive Health Insurance Reform Act.
Only health and dental insurers are affected
Some conduct protected under McCarran–Ferguson remains protected
The new Act could change the outcome of some cases and foreshadow new aggressiveness from government enforcers
In a rare change to federal antitrust law, on January 13, 2021, the President signed into law legislation that eliminates some immunities for health insurers. The Competitive Health Insurance Reform Act of 2020, passed unanimously by the Senate, repeals portions of the McCarran–Ferguson Act, which protects certain activity that constitutes the “business of insurance” from antitrust liability. But the repeal – which only applies to health and dental insurers, and not property, casualty, life, or other insurers – is like
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