Health Insurance Compliance Steps After Antitrust Reform

Law360 (April 7, 2021, 5:44 PM EDT) -- On Jan. 13, the Competitive Health Insurance Reform Act became law, ending over 75 years of federal antitrust protection for health insurers under the McCarran-Ferguson Act.

The McCarran-Ferguson Act exempted from federal antitrust laws the business of insurance if it is regulated by state law and is not an "agreement to boycott, coerce, or intimidate, or [an] act of boycott, coercion, or intimidation."[1]

Supporters of the repeal see a potential for meaningful enforcement changes in the health insurance industry.

The U.S. Department of Justice, in a statement following the repeal's passage, said the "exemption has sometimes been interpreted by courts to...

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