IB 

Union Calendar No. 184 

111TH CONGRESS 

1ST SESSION H. R. 3596 

[Report No. 111–322] 

To ensure that health insurance issuers and medical malpractice insurance 

issuers cannot engage in price fixing, bid rigging, or market allocations 

to the detriment of competition and consumers. 

IN THE HOUSE OF REPRESENTATIVES 

SEPTEMBER 17, 2009 

Mr. CONYERS (for himself, Mr. JOHNSON of Georgia, and Ms. DEGETTE) introduced the following bill; which was referred to the Committee on the 

Judiciary 

NOVEMBER 2, 2009 

Additional sponsors: Mr. ABERCROMBIE, Mr. SESTAK, Ms. SCHAKOWSKY, Mr. 

WELCH, Mr. NADLER of New York, Mr. VAN HOLLEN, Mr. SHULER, Ms. 

JACKSON-LEE of Texas, Mr. MCDERMOTT, Mr. OLVER, Ms. WATERS, 

Mr. ROTHMAN of New Jersey, Mr. ELLISON, Mr. SHERMAN, Mr. GONZALEZ, Mr. KENNEDY, and Ms. WASSERMAN SCHULTZ

NOVEMBER 2, 2009 

Reported with an amendment, committed to the Committee of the Whole 

House on the State of the Union, and ordered to be printed 

[Strike out all after the enacting clause and insert the part printed in italic] 


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•HR 3596 RH

A BILL 

To ensure that health insurance issuers and medical malpractice insurance issuers cannot engage in price fixing, 

bid rigging, or market allocations to the detriment of 

competition and consumers. 


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•HR 3596 RH

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Health Insurance In5 dustry Antitrust Enforcement Act of 2009’’. 

6 SEC. 2. PURPOSE. 

7 It is the purpose of this Act to ensure that health 

8 insurance issuers and medical malpractice insurance 

9 issuers cannot engage in price fixing, bid rigging, or mar10 ket allocations to the detriment of competition and con11 sumers. 

12 SEC. 3. PROHIBITION OF ANTI-COMPETITIVE ACTIVITIES. 

13 Notwithstanding any other provision of law, nothing 

14 in the Act of March 9, 1945 (15 U.S.C. 1011 et seq., com15 monly known as the ‘‘McCarran-Ferguson Act’’), shall be 

16 construed to permit health insurance issuers (as defined 

17 in section 2791 of the Public Health Service Act (42 

18 U.S.C. 300gg–91) or issuers of medical malpractice insur19 ance to engage in any form of price fixing, bid rigging, 

20 or market allocations in connection with the conduct of 

21 the business of providing health insurance coverage (as de22 fined in such section) or coverage for medical malpractice 

23 claims or actions. 


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1 SEC. 4. APPLICATION TO ACTIVITIES OF STATE COMMIS2 SIONS OF INSURANCE AND OTHER STATE IN3 SURANCE REGULATORY BODIES. 

4 Nothing in this Act shall apply to the information 

5 gathering and rate setting activities of any State commis6 sion of insurance, or any other State regulatory entity 

7 with authority to set insurance rates. 

8 SECTION 1. SHORT TITLE. 

9 This Act may be cited as the ‘‘Health Insurance Indus10 try Antitrust Enforcement Act of 2009’’. 

11 SEC. 2. PURPOSE. 

12 It is the purpose of this Act to ensure that health insur13 ance issuers and medical malpractice insurance issuers 

14 cannot engage in price fixing, bid rigging, or market alloca15 tions to the detriment of competition and consumers. 

16 SEC. 3. PROHIBITION OF ANTI-COMPETITIVE ACTIVITIES. 

17 Notwithstanding any other provision of law, nothing 

18 in the Act of March 9, 1945 (15 U.S.C. 1011 et seq., com19 monly known as the ‘‘McCarran-Ferguson Act’’), shall be 

20 construed to permit health insurance issuers (as defined in 

21 section 2791 of the Public Health Service Act (42 U.S.C. 

22 300gg–91)) or issuers of medical malpractice insurance to 

23 engage in any form of price fixing, bid rigging, or market 

24 allocations in connection with the conduct of the business 

25 of providing health insurance coverage (as defined in such 


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•HR 3596 RH

1 section) or coverage for medical malpractice claims or ac2 tions. 

3 SEC. 4. APPLICATION TO ACTIVITIES OF STATE COMMIS4 SIONS OF INSURANCE AND OTHER STATE IN5 SURANCE REGULATORY BODIES. 

6 Nothing in this Act shall apply to the information 

7 gathering and rate setting activities of any State commis8 sion of insurance, or any other State regulatory entity with 

9 authority to set insurance rates. 

10 SEC. 5. EXCLUSIONS. 

11 (a) EXCLUDED CONDUCT.—This Act shall not apply 

12 to making a contract, or engaging in a combination or con13 spiracy— 

14 (1) to collect, compile, or disseminate historical 

15 loss data; 

16 (2) to determine a loss development factor appli17 cable to historical loss data; or 

18 (3) to perform actuarial services if such contract, 

19 combination, or conspiracy does not involve a re20 straint of trade. 

21 (b) DEFINITIONS.—For purposes of this section— 

22 (1) the term ‘‘historical loss data’’ means infor23 mation respecting claims paid, or reserves held for 

24 claims reported, by any person engaged in the busi25 ness of insurance; and 


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1 (2) the term ‘‘loss development factor’’ means an 

2 adjustment to be made to reserves held for losses in3 curred for claims reported by any person engaged in 

4 the business of insurance, for the purpose of bringing 

5 such reserves to an ultimate paid basis. 


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Union Calendar No. 184 

111TH CONGRESS 

1ST SESSION H. R. 3596 

[Report No. 111–322] 

A BILL 

To ensure that health insurance issuers and medto the detriment of competition and consumers. in price fixing, bid rigging, or market allocations ical malpractice insurance issuers cannot engage 

NOVEMBER 2, 2009 

Reported with an amendment, committed to the Comand ordered to be printed mittee of the Whole House on the State of the Union, 


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