A Changing Health Insurance Antitrust Landscape

Law360 (February 18, 2021, 5:18 PM EST) -- In a rare change to federal antitrust law, new legislation went into effect in January 2021 that eliminates some immunities for health insurers.

The Competitive Health Insurance Reform Act of 2020,[1] passed unanimously by the U.S. Senate, repeals portions of the McCarran-Ferguson Act, which protects certain activity that constitutes the business of insurance from antitrust liability. But the repeal — which only applies to health and dental insurance, and not property, casualty, life or other insurance, including certain excepted benefit insurance — is likely to have little impact.

Most activities by health insurers did not qualify for or rely on McCarran-Ferguson...

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