II
Calendar No. 277
111th CONGRESS
2d Session
H. R. 4626
IN THE SENATE OF THE UNITED STATES
February 25, 2010
Received
February 26, 2010
Read the first time
March 1, 2010
Read the second time and placed on the calendar
AN ACT
To restore the application of the Federal antitrust laws to the business of health insurance to protect competition and consumers.
Short title
This Act may be cited as the
Health Insurance Industry Fair
Competition Act
.
Restoring the application of antitrust laws to health sector insurers
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:
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.
.
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.
Passed the House of Representatives February 24, 2010.
Lorraine C. Miller,
Clerk
March 1, 2010
Read the second time and placed on the calendar