H.R. 372House115th Congress (2017-2019)Passed House

Competitive Health Insurance Reform Act of 2017

Introduced January 9, 2017

AI-Generated Summary

Updated April 15, 2026 at 11:39 AM UTC

The Competitive Health Insurance Reform Act of 2017 seeks to restore the reach of federal antitrust laws to the health insurance market, including dental and limited‑scope dental benefits. It amends the McCarran‑Ferguson Act to state that antitrust rules apply to health insurers, with limited exemptions for certain data‑sharing and standard‑form activities. The bill defines key terms and excludes life, property, and casualty insurance from its scope. It also ensures the FTC’s unfair‑competition provisions apply to health insurance regardless of profit status.

Key Provisions

  • Amends the McCarran‑Ferguson Act to explicitly state that federal antitrust laws apply to the business of health insurance, including dental and limited‑scope dental benefits.
  • Provides exemptions for contracts or collaborations that involve collecting, compiling, or sharing historical loss data; determining loss development factors; performing actuarial services that do not restrain trade; and developing or disseminating standard insurance policy forms when not required to enforce those forms.
  • Defines “antitrust laws” to include the Clayton Act and the FTC Act’s Section 5 as it applies to unfair methods of competition.
  • Specifies that the amendment does not apply to the business of life insurance, property or casualty insurance, or any insurance classified as such under state law.
  • Extends the FTC’s Section 5 applicability to health insurance regardless of whether the business is for‑profit, overriding the corporate definition in the FTC Act.

Legislative Activity

Stay on top of the latest movement without scrolling through every action

24 earlier actions
SenateIntro Referral Latest Action

Received in the Senate and Read twice and referred to the Committee on the Judiciary.

March 23, 2017

View full timeline
HouseIntro Referral

Introduced in House

January 9, 2017

HouseIntro Referral

Referred to the House Committee on the Judiciary.

January 9, 2017

HouseCommittee

Referred to the Subcommittee on Regulatory Reform, Commercial And Antitrust Law.

February 6, 2017

HouseCommittee

Subcommittee Hearings Held.

February 16, 2017

HouseCommittee

Subcommittee on Regulatory Reform, Commercial And Antitrust Law Discharged.

February 20, 2017

HouseCommittee

Committee Consideration and Mark-up Session Held.

February 28, 2017

HouseCommittee

Ordered to be Reported by Voice Vote.

February 28, 2017

HouseCommittee

Reported (Amended) by the Committee on Judiciary. H. Rept. 115-36.

March 15, 2017

HouseCalendars

Placed on the Union Calendar, Calendar No. 18.

March 15, 2017

HouseFloor

Rules Committee Resolution H. Res. 209 Reported to House. Rule provides for consideration of H.R. 372 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. Measure will be considered read. Bill is closed to amendments.

March 20, 2017 • 7:28 PM

HouseFloor

Rule H. Res. 209 passed House.

March 21, 2017 • 1:43 PM

HouseFloor

Considered under the provisions of rule H. Res. 209. (consideration: CR H2267; text of measure as reported in House: CR H2267)

March 21, 2017 • 2:41 PM

HouseFloor

Rule provides for consideration of H.R. 372 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. Measure will be considered read. Bill is closed to amendments.

March 21, 2017 • 2:41 PM

HouseFloor

DEBATE - The House proceeded with one hour of debate on H.R. 372.

March 21, 2017 • 2:42 PM

HouseFloor

The previous question was ordered pursuant to the rule.

March 21, 2017 • 3:23 PM

HouseFloor

Ms. Rosen moved to recommit with instructions to the Committee on the Judiciary. (text: CR H2274)

March 21, 2017 • 3:24 PM

HouseFloor

DEBATE - The House proceeded with 10 minutes of debate on the motion to recommit with instructions. The instructions contained in the motion seek to require the bill to reported back to the House with an amendment to add a subsection to the bill titled Protecting Affordable Healthcare for Older Americans.

March 21, 2017 • 3:24 PM

HouseFloor

The previous question on the motion to recommit with instructions was ordered without objection.

March 21, 2017 • 3:31 PM

HouseFloor

POSTPONED PROCEEDINGS - At the conclusion of debate on the motion to recommit with instructions, the Chair put the question on the motion and by voice vote, announced that the nays had prevailed. Ms. Rosen demanded the yeas and nays and the Chair postponed further proceedings on the motion to recommit with instructions until a time to be announced.

March 21, 2017 • 3:31 PM

HouseFloor

Considered as unfinished business. (consideration: CR H2311-2312)

March 22, 2017 • 1:38 PM

HouseFloor

On motion to recommit with instructions Failed by the Yeas and Nays: 189 - 233 (Roll no. 183).

March 22, 2017 • 1:46 PM

HouseFloor

Passed/agreed to in House: On passage Passed by recorded vote: 416 - 7 (Roll no. 184).

March 22, 2017 • 1:53 PM

HouseFloor

On passage Passed by recorded vote: 416 - 7 (Roll no. 184).

March 22, 2017 • 1:53 PM

HouseFloor

Motion to reconsider laid on the table Agreed to without objection.

March 22, 2017 • 1:53 PM

SenateIntro Referral

Received in the Senate and Read twice and referred to the Committee on the Judiciary.

March 23, 2017

Amendments

1 amendment

Offered to this bill

Floor Debate

22 members

What members said about H.R. 372 on the floor

13 Republicans9 Democrats
Jared Polis
Rep. Jared PolisD-CO-2 · Mar 21, 2017

Mr. Speaker, I yield myself such time as I may consume, and I thank the gentleman from Georgia (Mr. Collins) for yielding me the customary 30 minutes. Mr. Speaker, I rise in opposition to this rule…

Steny H. Hoyer
Rep. Steny H. HoyerD-MD-5 · Mar 17, 2017

Mr. Speaker, I rise for the purpose of inquiring of the majority leader the schedule for the week to come, and it is my pleasure to yield to the gentleman from California (Mr. McCarthy), the majority…

Sheila Jackson Lee
Rep. Sheila Jackson LeeD-TX-18 · Mar 21, 2017

Mr. Speaker, let me thank the gentleman very much for his leadership. I acknowledge the chairman of the committee for his, as well. I thank the gentleman for yielding to me, and although I will make…

Kevin McCarthy
Rep. Kevin McCarthyR-CA-23 · Mar 17, 2017

Mr. Speaker, before I begin, I do want to wish everybody a happy St. Patrick's Day. Mr. Speaker, on Monday, the House will meet at noon for morning hour and 2 p.m. for legislative business. Votes…

Bob Goodlatte
Rep. Bob GoodlatteR-VA-6 · Mar 21, 2017

Mr. Speaker, pursuant to House Resolution 209, I call up the bill (H.R. 372) to restore the application of the Federal antitrust laws to the business of health insurance to protect competition and…

Show 8 more
Doug Collins
Rep. Doug CollinsR-GA-9 · Mar 21, 2017

Mr. Speaker, by direction of the Committee on Rules, I call up House Resolution 209 and ask for its immediate consideration. Mr. Speaker, for the purpose of debate only, I yield the customary 30…

Ken Buck
Rep. Ken BuckR-CO-4 · Nov 2, 2017

Mr. Speaker, I ask unanimous consent that all Members may have 5 legislative days in which to revise and extend their remarks and include extraneous material on the topic of this Special Order. Mr.…

Alexander X. Mooney
Rep. Alexander X. MooneyR-WV-2 · Nov 2, 2017

Mr. Speaker, I thank my colleague from Colorado, Mr. Buck, for leading this Special Order effort and for recognizing me to talk about this issue and the general problem in the Senate today of having…

Andy Biggs
Rep. Andy BiggsR-AZ-5 · Nov 2, 2017

Mr. Speaker, I thank my friend from Colorado, Mr. Buck, for yielding to me. I am grateful for his leadership as a conservative. It has been my honor to serve with him this past year. I appreciate him…

David N. Cicilline
Rep. David N. CicillineD-RI-1 · Mar 21, 2017

Mr. Speaker, I thank the gentleman for yielding and for his extraordinary leadership on this legislation. Mr. Speaker, H.R. 372, the Competitive Health Insurance Reform Act of 2017, would partially…

Austin Scott
Rep. Austin ScottR-GA-8 · Mar 21, 2017

Mr. Speaker, I rise today in strong support of H.R. 372, the Competitive Health Insurance Reform Act of 2017, which would take a big step towards creating a more business- and consumer-friendly…

John Conyers, Jr.
Rep. John Conyers, Jr.D-MI-13 · Mar 21, 2017

Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, I rise in qualified support of H.R. 372, the Competitive Health Insurance Reform Act, but I do not endorse the majority's…

Paul A. Gosar
Rep. Paul A. GosarR-AZ-4 · Mar 21, 2017

Mr. Speaker, I thank Chairman Goodlatte and the Judiciary Committee for their thorough work on this bill. I would also like to express my appreciation to the broad group of stakeholders who have…

Show 11 more
Ted Poe
Rep. Ted PoeR-TX-2 · Nov 2, 2017

Mr. Speaker, I thank the gentleman from Arizona (Mr. Buck) for yielding and for doing this Special Order. Most Members of Congress agree, I believe, that the Constitution should be followed. There…

Paul A. Gosar
Rep. Paul A. GosarR-AZ-4 · Nov 2, 2017

Mr. Speaker, I thank my friend from Colorado (Mr. Buck) for taking the opportunity to highlight some of the good work the House has accomplished this year. I urge my colleagues in the Senate to build…

Steve King
Rep. Steve KingR-IA-4 · Nov 2, 2017

Mr. Speaker, I thank the gentleman from Colorado for organizing this Special Order and recognizing me to address it. I would like to say at the start of this that the folks that had the Special Order…

John A. Yarmuth
Rep. John A. YarmuthD-KY-3 · Mar 21, 2017

Mr. Speaker, I thank my colleague for yielding. The one question I think many Americans who follow this debate would be asking now is: What is the rush? What is the rush? For 7 years now, our…

Jacky Rosen
Rep. Jacky RosenD-NV-3 · Mar 21, 2017

Mr. Speaker, I have a motion to recommit at the desk. I am opposed to the bill in its current form. Mr. Speaker, this is the final amendment to the bill, which will not kill the bill or send it back…

Jody B. Hice
Rep. Jody B. HiceR-GA-10 · Nov 2, 2017

Mr. Speaker, I sincerely appreciate the gentleman's great leadership in this, and I am grateful to be able to speak on this issue of life. There have been, as mentioned a few moments ago, some 300,…

Daniel M. Donovan, Jr.
Rep. Daniel M. Donovan, Jr.R-NY-11 · Nov 2, 2017

Mr. Speaker, I thank my friend and colleague from Colorado for yielding to me on such an important issue not only to my district, not only to my city, not only to my State, but to our Nation. Mr.…

Jared Polis
Rep. Jared PolisD-CO-2 · Mar 22, 2017

Mr. Speaker, I have a privileged resolution at the desk. Yes, Mr. Speaker. Mr. Speaker, under rule IX, clause 1, questions of the privileges of the House and those affecting the rights of the House,…

Bill Pascrell, Jr.
Rep. Bill Pascrell, Jr.D-NJ-9 · Mar 22, 2017

Mr. Speaker, I do. Mr. Speaker, on a question of the privileges of the House under rule IX, clause 1, questions of the privileges of the House are those affecting the rights of the House…

Steve Cohen
Rep. Steve CohenD-TN-9 · Mar 22, 2017

Mr. Speaker. Yes, Mr. Speaker. Mr. Speaker, Mr. Polis and Mr. Pascrell have made the point, and it is the same point I want to make. There is a shadow hanging over the United States of America, over…

Diane Black
Rep. Diane BlackR-TN-6 · Jul 26, 2018

Mr. Speaker, I missed the following votes because I was unavoidably detained. Had I been present, I would have voted YEA on Roll Call No. H.R. 366; YEA on Roll Call No. H.R. 372; YEA on Roll Call No.…

Bill Text

4 versions available

Reading Mode
Latest
Referred in SenateIssued March 23, 2017

IIB

115th CONGRESS

1st Session

H. R. 372

IN THE SENATE OF THE UNITED STATES

March 23, 2017

Received; read twice and referred to the Committee on the Judiciary

AN ACT

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 Competitive Health Insurance Reform Act of 2017.

2.

Restoring the application of antitrust laws to the business of health insurance

(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)
(1)

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 (including the business of dental insurance and limited-scope dental benefits).

(2)

Paragraph (1) shall not apply with respect to making a contract, or engaging in a combination or conspiracy—

(A)

to collect, compile, or disseminate historical loss data;

(B)

to determine a loss development factor applicable to historical loss data;

(C)

to perform actuarial services if such contract, combination, or conspiracy does not involve a restraint of trade; or

(D)

to develop or disseminate a standard insurance policy form (including a standard addendum to an insurance policy form and standard terminology in an insurance policy form) if such contract, combination, or conspiracy is not to adhere to such standard form or require adherence to such standard form.

(3)

For purposes of this subsection—

(A)

the term antitrust laws has the meaning given it in subsection (a) of the first section of the Clayton Act (15 U.S.C. 12), except that such term includes section 5 of the Federal Trade Commission Act (15 U.S.C. 45) to the extent that such section 5 applies to unfair methods of competition;

(B)

the term business of health insurance (including the business of dental insurance and limited-scope dental benefits) does not include—

(i)

the business of life insurance (including annuities); or

(ii)

the business of property or casualty insurance, including but not limited to—

(I)

any insurance or benefits defined as excepted benefits under paragraph (1), subparagraph (B) or (C) of paragraph (2), or paragraph (3) of section 9832(c) of the Internal Revenue Code of 1986 (26 U.S.C. 9832(c)) whether offered separately or in combination with insurance or benefits described in paragraph (2)(A) of such section; and

(II)

any other line of insurance that is classified as property or casualty insurance under State law;

(C)

the term historical loss data means information respecting claims paid, or reserves held for claims reported, by any person engaged in the business of insurance; and

(D)

the term loss development factor means an adjustment to be made to reserves held for losses incurred for claims reported by any person engaged in the business of insurance, for the purpose of bringing such reserves to an ultimate paid basis.

.

(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.

Passed the House of Representatives March 22, 2017.

Karen L. Haas,

Clerk