An amendment to the U.S. Senate healthcare reform bill introduced by Sen. Patrick Leahy (D-VT), would repeal health and malpractice insurers' exemptions from federal anti-trust regulations.
Under the McCarran-Ferguson Act of 1945, health and malpractice insurance companies are subject to state, but not federal, antitrust regulations.
Opponents of the act, including the ADA, argue that the exemption allows insurers to fix prices. Some insurers argue that state regulations keep them from fixing prices, but that the exemption from federal regulations allows them to share actuarial data that result in better insurance policies.
A version of healthcare reform legislation passed in the U.S. House of Representatives repeals the exemption. The Senate bill, as originally drafted, leaves the exemption intact. A spokesperson for Leahy said a vote on the amendment has not yet been scheduled.
In an October speech, President Barack Obama said Congress was "rightfully reviewing" McCarran-Ferguson.
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