S.Amdt. 2795

SA 2795. Mr. LEAHY (for himself, Mr. Reid, Mr. Kerry, Mr.
Rockefeller, Mr. Lieberman, Mrs. Feinstein, Mr. Feingold, Mr. Wyden,
Mr. Schumer, Ms. Cantwell, Mr. Lautenberg, Mrs. McCaskill, Mr.
Whitehouse, Mr. Burris, Mr. Kaufman, Mr. Bennett, and Mr. Franken)
submitted an amendment intended to be proposed to amendment SA 2786
proposed by Mr. Reid (for himself, Mr. Baucus, Mr. Dodd, and Mr.
Harkin) to the bill H.R. 3590, to amend the Internal Revenue Code of
1986 to modify the first-time homebuyers credit in the case of members
of the Armed Forces and certain other Federal employees, and for other
purposes; which was ordered to lie on the table, as follows:

On page 377, after line 14, insert the following:

SEC. 1561A. HEALTH INSURANCE INDUSTRY ANTITRUST ENFORCEMENT
ACT OF 2009.

(a) Short Title.--This section may be cited as the ``Health
Insurance Industry Antitrust Enforcement Act of 2009''.
(b) Purpose.--It is the purpose of this section to ensure
that health insurance issuers and medical malpractice
insurance issuers cannot engage in price fixing, bid rigging,
or market allocations to the detriment of competition and
consumers.
(c) Prohibition of Anti-Competitive Activities.--
Notwithstanding any other provision of law, nothing in the
Act of March 9, 1945 (15 U.S.C. 1011 et seq., commonly known
as the ``McCarran-Ferguson Act''), shall be construed to
permit health insurance issuers (as defined in section 2791
of the Public Health Service Act (42 U.S.C. 300gg-91) or
issuers of medical malpractice insurance to engage in any
form of price fixing, bid rigging, or market allocations in
connection with the conduct of the business of providing
health insurance coverage (as defined in such section) or
coverage for medical malpractice claims or actions.
(d) Application to Activities of State Commissions of
Insurance and Other State Insurance Regulatory Bodies.--
Nothing in this section shall apply to the information
gathering and rate setting activities of any State commission
of insurance, or any other State regulatory entity with
authority to set insurance rates.
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