[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 352 Introduced in Senate (IS)]







108th CONGRESS
  1st Session
                                 S. 352

 To ensure that commercial insurers cannot engage in price fixing, bid 
  rigging, or market allocations to the detriment of competition and 
                               consumers.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           February 11, 2003

   Mr. Leahy (for himself, Mr. Kennedy, Mr. Durbin, Mr. Edwards, Mr. 
   Rockefeller, Mr. Reid, Mrs. Boxer, Mr. Feingold, and Mr. Corzine) 
introduced the following bill; which was read twice and referred to the 
                       Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
 To ensure that commercial insurers cannot engage in price fixing, bid 
  rigging, or market allocations to the detriment of competition and 
                               consumers.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Medical Malpractice Insurance 
Antitrust Act of 2003''.

SEC. 2. PROHIBITION ON 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 commercial 
insurers to engage in any form of price fixing, bid rigging, or market 
allocations in connection with the conduct of the business of providing 
medical malpractice insurance.

SEC. 3. APPLICATION TO ACTIVITIES OF STATE COMMISSIONS OF INSURANCE AND 
              OTHER STATE INSURANCE REGULATORY BODIES.

    This Act does not apply to the information gathering and rate 
setting activities of any State commissions of insurance, or any other 
State regulatory body with authority to set insurance rates.
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