[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1943 Introduced in House (IH)]

112th CONGRESS
  1st Session
                                H. R. 1943

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


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                    IN THE HOUSE OF REPRESENTATIVES

                              May 23, 2011

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

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                                 A BILL


 
    To restore the application of the Federal antitrust laws to the 
   business of health insurance to protect 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 ``Health Insurance Industry Fair 
Competition Act''.

SEC. 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.
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