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PoliticoBULLETIN -- POLITICO’s Carrie Budoff Brown: This morning, Senator Schumer is going to say, in light of the insurance industry report warning premiums will rise under reform, Dems should push to revoke the health insurance industry's antitrust exemption as a floor amendment. This will be at a Senate Judiciary Committee hearing, where Majority Leader Reid is also testifying." 10 a.m., Dirksen 226, “Prohibiting Price Fixing and Other Anticompetitive Conduct in the Health Insurance Industry."
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Congress Reconsiders Anti-Trust Exemption for Health Insurance Industry
The Senate Judiciary Committee has scheduled a hearing entitled, “Prohibiting Price Fixing and Other Anticompetitive Conduct in the Health Insurance Industry” scheduled for Wednesday, October 14, 2009. The hearing concerns identical new bills (S. 1681 and H.R. 3596) that NASW is watching. The legislation would eliminate a long-standing federal law that excludes the insurance industry from federal anti-trust regulation. Under the Constitution, regulation of interstate commerce is a federal responsibility. However, in 1945 the McCarran-Ferguson Act authorized states (in the absence of federal law or regulation) to regulate all insurance products, including health, leading to the state regulatory system in place today. This Act also exempted the insurance industry from federal anti-trust law. Therefore, the Justice Department cannot now enforce federal antitrust law on the insurance industry.
http://www.socialworkblog.org/advocacy/index.php/2009/10/09/congress-reconsiders-anti-trust-exemption-for-health-insurance-industry/