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[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1418 Enrolled Bill (ENR)]

        H.R.1418

                     One Hundred Sixteenth Congress

                                 of the

                        United States of America

                          AT THE SECOND SESSION

           Begun and held at the City of Washington on Friday,
            the third day of January, two thousand and twenty

                                 An Act

 
To restore the application of the Federal antitrust laws to the business 
        of health insurance to protect competition and consumers.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
    This Act may be cited as the ``Competitive Health Insurance Reform 
Act of 2020''.
SEC. 2. RESTORING THE APPLICATION OF ANTITRUST LAWS TO THE BUSINESS OF 
HEALTH INSURANCE.
    (a) Amendment to McCarran-Ferguson Act.--Section 3 of the Act of 
March 9, 1945 (15 U.S.C. 1013), commonly known as the McCarran-Ferguson 
Act, is amended by adding at the end the following:
    ``(c)(1) Nothing contained in this Act shall modify, impair, or 
supersede the operation of any of the antitrust laws with respect to 
the business of health insurance (including the business of dental 
insurance and limited-scope dental benefits).
    ``(2) Paragraph (1) shall not apply with respect to making a 
contract, or engaging in a combination or conspiracy--
        ``(A) to collect, compile, or disseminate historical loss data;
        ``(B) to determine a loss development factor applicable to 
    historical loss data;
        ``(C) to perform actuarial services if such contract, 
    combination, or conspiracy does not involve a restraint of trade; 
    or
        ``(D) to develop or disseminate a standard insurance policy 
    form (including a standard addendum to an insurance policy form and 
    standard terminology in an insurance policy form) if such contract, 
    combination, or conspiracy is not to adhere to such standard form 
    or require adherence to such standard form.
    ``(3) For purposes of this subsection--
        ``(A) the term `antitrust laws' has the meaning given it in 
    subsection (a) of the first section of the Clayton Act (15 U.S.C. 
    12), except that such term includes section 5 of the Federal Trade 
    Commission Act (15 U.S.C. 45) to the extent that such section 5 
    applies to unfair methods of competition;
        ``(B) the term `business of health insurance (including the 
    business of dental insurance and limited-scope dental benefits)' 
    does not include--
            ``(i) the business of life insurance (including annuities); 
        or
            ``(ii) the business of property or casualty insurance, 
        including but not limited to--
                ``(I) any insurance or benefits defined as `excepted 
            benefits' under paragraph (1), subparagraph (B) or (C) of 
            paragraph (2), or paragraph (3) of section 9832(c) of the 
            Internal Revenue Code of 1986 (26 U.S.C. 9832(c)) whether 
            offered separately or in combination with insurance or 
            benefits described in paragraph (2)(A) of such section; and
                ``(II) any other line of insurance that is classified 
            as property or casualty insurance under State law;
        ``(C) the term `historical loss data' means information 
    respecting claims paid, or reserves held for claims reported, by 
    any person engaged in the business of insurance; and
        ``(D) the term `loss development factor' means an adjustment to 
    be made to reserves held for losses incurred for claims reported by 
    any person engaged in the business of insurance, for the purpose of 
    bringing such reserves to an ultimate paid basis.''.
    (b) Related Provision.--For purposes of section 5 of the Federal 
Trade Commission Act (15 U.S.C. 45) to the extent such section applies 
to unfair methods of competition, section 3(c) of the McCarran-Ferguson 
Act shall apply with respect to the business of health insurance 
without regard to whether such business is carried on for profit, 
notwithstanding the definition of ``Corporation'' contained in section 
4 of the Federal Trade Commission Act.
SEC. 3. DETERMINATION OF BUDGETARY EFFECTS.
    The budgetary effects of this Act, for the purpose of complying 
with the Statutory Pay-As-You-Go Act of 2010, shall be determined by 
reference to the latest statement titled ``Budgetary Effects of PAYGO 
Legislation'' for this Act, submitted for printing in the Congressional 
Record by the Chairman of the House Budget Committee, provided that 
such statement has been submitted prior to the vote on passage.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.
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