    [United States Statutes at Large, Volume 134, 116th Congress, 2nd Session]
    [From the U.S. Government Publishing Office, www.gpo.gov]

    Public Law 116-327
    116th Congress

    An Act

    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 ``Competitive Health Insurance Reform
    Act of 2020''.
    SEC. 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

    [[Page 5098]]

    ``(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.
    SEC. 3. DETERMINATION OF BUDGETARY EFFECTS.

    The budgetary effects of this Act, for the purpose of complying with
    the Statutory Pay-As-You-Go Act of 2010, shall be determined by
    reference to the latest statement titled ``Budgetary Effects of PAYGO
    Legislation'' for this Act, submitted for printing in the Congressional
    Record by the Chairman of the House Budget Committee, provided that such
    statement has been submitted prior to the vote on passage.

    Approved January 13, 2021.

    LEGISLATIVE HISTORY--H.R. 1418:
    ---------------------------------------------------------------------------

    CONGRESSIONAL RECORD, Vol. 166 (2020):
    Sept. 21, considered and passed House.
    Dec. 21, considered and passed Senate.