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Amendment to McCarran-Ferguson Act Repeals Antitrust Exemption

Friday, January 8, 2021 The United States House of Representatives and Senate recently passed the Competitive Health Insurance Reform Act (CHIRA) that, among other things, amends the McCarran-Ferguson Act to repeal the federal antitrust exemption only for health and dental insurance companies. CHIRA is expected to be signed into law by President Trump in the coming days, at which point certain collaborative practices by health and dental insurance companies that had previously been exempt from antitrust scrutiny may expose these companies to new antitrust risks. The “Business of Insurance” Exemption Prior to CHIRA, the McCarran-Ferguson Act exempted the “business of insurance” from federal antitrust law scrutiny if the challenged practice was otherwise subject to state regulation and did not amount to an “act of boycott, coercion, or intimidation.” 15 U.S.C. §§ 1012(b); 1013(b). While the “business of insurance” conceivably could encompass all actions t

McCarran-Ferguson Act Repeal Heads To The President As Part Of The Competitive Health Insurance Reform Act - Anti-trust/Competition Law

To print this article, all you need is to be registered or login on Mondaq.com. On December 22, 2020, the U.S. Senate unanimously approved the Competitive Health Insurance Reform Act (CHIRA), previously passed by the House on September 21. If signed by the president, CHIRA would repeal health insurers federal antitrust immunity under the McCarran-Ferguson Act for state regulated activity that constitutes the business of insurance. CHIRA preserves some protections for compiling historical loss data, determining loss development factors, and performing certain actuarial services, as well as for developing standard insurance policy forms. The McCarran-Ferguson Act was enacted in 1945 and gives states

South Florida 100: Looking back at 2020, and to better times in 2021

South Florida 100: Looking back at 2020, and to better times in 2021
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