[116th Congress Public Law 327]
[From the U.S. Government Publishing Office]
[[Page 134 STAT. 5097]]
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. <<NOTE: Jan.
13, 2021 - [H.R. 1418]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: Competitive
Health Insurance Reform Act of 2020. 15 USC 1011 note.>>
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) <<NOTE: Definitions.>> 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 134 STAT. 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) <<NOTE: Applicability. 15 USC 1013 note.>> 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.
<all>