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This bill would bring the health and dental insurance industry under compliance with federal antitrust laws. Under current law (through the McCarran-Ferguson Act) health insurance providers are exempted from federal antitrust laws. These laws are in place to prevent unfair business practices like collusion, bid rigging, price fixing, and other things that reduce competition, lead to monopolies, and harm consumers.

Nothing in this bill would prevent states from maintaining and enforcing their own insurance regulations, antitrust laws, and consumer protections as they currently do.

Life insurance, property and casualty insurance, or other portions of the insurance industry would be completely unaffected by this legislation.

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This declaration does not apply to a contract, combination, or conspiracy to: (1) collect, compile, or disseminate historical loss data; (2) determine a loss development factor for historical loss data; (3) perform actuarial services if the collaboration does not involve a restraint of trade; or (4) develop or disseminate a standard insurance policy form if adherence to the form is not required.\n\nProhibitions against unfair methods of competition apply to the business of health insurance without regard to whether the business is for profit.","summarized":true,"cost":null,"cost_commentary":"A CBO cost estimate is unavailable.","impact":"Anyone who needs health care, health care providers, insurance companies offering health and/or dental coverage, federal agencies that investigate and prosecute antitrust violations.","argument_for":"Health insurance companies shouldn’t be exempt from antitrust laws that would otherwise punish them for colluding and price fixing -- actions that hurt consumers and enrich insurers.","argument_against":"By not subjecting them to antitrust law, the status quo enables health insurance companies to provide better service to consumers. 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Should Federal Antitrust Law Apply to Health Insurance?