H.R. 743

Health Insurance Industry Fair Competition Act

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I

113th CONGRESS

1st Session

H. R. 743

IN THE HOUSE OF REPRESENTATIVES

February 15, 2013

Mr. DeFazio (for himself and Ms. Slaughter) introduced the following bill; which was referred to the Committee on the Judiciary

A BILL

To restore the application of the Federal antitrust laws to the business of health insurance to protect competition and consumers.

1.

Short title

This Act may be cited as the Health Insurance Industry Fair Competition Act.

2.

Restoring the application of antitrust laws to health sector insurers

(a)

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:

(c)

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.

.

(b)

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.