Can Antitrust Exemption Survive Health Care Reform?

Law360, New York (January 8, 2010, 1:43 PM EST) -- While most of the attention in the health care reform debate over the last several months has focused on the public option, changes to Medicare and Medicaid, and federal funding for abortion, whether such reform should also include a repeal of the insurance industry’s antitrust exemption, provided for in the McCarran-Ferguson Act, has attracted considerably less attention.

However, when Congress returns from their recess this month, this may well change.

As the House and Senate seek to harmonize their competing health care reform proposals, which currently...
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