[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3596 Reported in House (RH)]
Union Calendar No. 184
111th CONGRESS
1st Session
H. R. 3596
[Report No. 111-322]
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.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 17, 2009
Mr. Conyers (for himself, Mr. Johnson of Georgia, and Ms. DeGette)
introduced the following bill; which was referred to the Committee on
the Judiciary
November 2, 2009
Additional sponsors: Mr. Abercrombie, Mr. Sestak, Ms. Schakowsky, Mr.
Welch, Mr. Nadler of New York, Mr. Van Hollen, Mr. Shuler, Ms. Jackson-
Lee of Texas, Mr. McDermott, Mr. Olver, Ms. Waters, Mr. Rothman of New
Jersey, Mr. Ellison, Mr. Sherman, Mr. Gonzalez, Mr. Kennedy, and Ms.
Wasserman Schultz
November 2, 2009
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed
[Strike out all after the enacting clause and insert the part printed
in italic]
_______________________________________________________________________
A BILL
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.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
<DELETED>SECTION 1. SHORT TITLE.</DELETED>
<DELETED> This Act may be cited as the ``Health Insurance Industry
Antitrust Enforcement Act of 2009''.</DELETED>
<DELETED>SEC. 2. PURPOSE.</DELETED>
<DELETED> It is the purpose of this Act 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.</DELETED>
<DELETED>SEC. 3. PROHIBITION OF ANTI-COMPETITIVE ACTIVITIES.</DELETED>
<DELETED> 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.</DELETED>
<DELETED>SEC. 4. APPLICATION TO ACTIVITIES OF STATE COMMISSIONS OF
INSURANCE AND OTHER STATE INSURANCE REGULATORY
BODIES.</DELETED>
<DELETED> Nothing in this Act 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.</DELETED>
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Health Insurance Industry Antitrust
Enforcement Act of 2009''.
SEC. 2. PURPOSE.
It is the purpose of this Act 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.
SEC. 3. 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.
SEC. 4. APPLICATION TO ACTIVITIES OF STATE COMMISSIONS OF INSURANCE AND
OTHER STATE INSURANCE REGULATORY BODIES.
Nothing in this Act 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.
SEC. 5. EXCLUSIONS.
(a) Excluded Conduct.--This Act shall not apply to making a
contract, or engaging in a combination or conspiracy--
(1) to collect, compile, or disseminate historical loss
data;
(2) to determine a loss development factor applicable to
historical loss data; or
(3) to perform actuarial services if such contract,
combination, or conspiracy does not involve a restraint of
trade.
(b) Definitions.--For purposes of this section--
(1) 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
(2) 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.
Union Calendar No. 184
111th CONGRESS
1st Session
H. R. 3596
[Report No. 111-322]
_______________________________________________________________________
A BILL
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.
_______________________________________________________________________
November 2, 2009
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed