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, 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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