[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