I 

111TH CONGRESS 

2D SESSION H. R. 4626 

To restore the application of the Federal antitrust laws to the business 

of health insurance to protect competition and consumers. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 22, 2010 

Mr. PERRIELLO (for himself, Ms. MARKEY of Colorado, Ms. SLAUGHTER, Mr. 

DEFAZIO, Mr. ANDREWS, Mr. BOSWELL, Mr. BOUCHER, Mrs. CAPPS, 

Mr. CAPUANO, Mr. CARNAHAN, Ms. CHU, Mr. CONNOLLY of Virginia, 

Mrs. DAVIS of California, Ms. DEGETTE, Ms. DELAURO, Mr. ELLISON, 

Mr. GARAMENDI, Mr. GENE GREEN of Texas, Mr. GRIJALVA, Mr. 

GUTIERREZ, Mr. HALL of New York, Mr. HARE, Ms. NORTON, Mr. 

HOLT, Mr. JOHNSON of Georgia, Mr. KILDEE, Ms. KILROY, Mr. 

KISSELL, Mr. KLEIN of Florida, Mr. LANGEVIN, Mr. LUJA ́N, Mrs. 

MALONEY, Mr. MARKEY of Massachusetts, Mr. MASSA, Ms. MCCOLLUM, 

Mr. MCDERMOTT, Mr. MICHAUD, Mr. MORAN of Virginia, Mr. NADLER

of New York, Mr. OLVER, Mr. OWENS, Mr. PASCRELL, Mr. 

PERLMUTTER, Mr. PETERS, Ms. PINGREE of Maine, Mr. POLIS of Colorado, Mr. QUIGLEY, Mr. RYAN of Ohio, Ms. LINDA T. SA ́NCHEZ of California, Mr. SCOTT of Georgia, Ms. SHEA-PORTER, Mr. SHERMAN, Mr. 

STUPAK, Ms. SUTTON, Mr. TAYLOR, Mr. TEAGUE, Mr. TIERNEY, Ms. 

TITUS, Mr. TONKO, Mr. VAN HOLLEN, Ms. WASSERMAN SCHULTZ, Mr. 

WELCH, Ms. WOOLSEY, Mr. WU, Mr. BARROW, and Ms. HIRONO) introduced the following bill; which was referred to the Committee on the Judiciary 

A BILL 

To restore the application of the Federal antitrust laws to 

the business of health insurance to protect competition 

and consumers. 


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•HR 4626 IH

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 Fair Competition Act’’. 

6 SEC. 2. RESTORING THE APPLICATION OF ANTITRUST 

7 LAWS TO HEALTH SECTOR INSURERS. 

8 (a) AMENDMENT TO MCCARRAN-FERGUSON ACT.— 

9 Section 3 of the Act of March 9, 1945 (15 U.S.C. 1013), 

10 commonly known as the McCarran-Ferguson Act, is 

11 amended by adding at the end the following: 

12 ‘‘(c) Nothing contained in this Act shall modify, im13 pair, or supersede the operation of any of the antitrust 

14 laws with respect to the business of health insurance. For 

15 purposes of the preceding sentence, the term ‘antitrust 

16 laws’ has the meaning given it in subsection (a) of the 

17 first section of the Clayton Act, except that such term in18 cludes section 5 of the Federal Trade Commission Act to 

19 the extent that such section 5 applies to unfair methods 

20 of competition.’’. 

21 (b) RELATED PROVISION.—For purposes of section 

22 5 of the Federal Trade Commission Act (15 U.S.C. 45) 

23 to the extent such section applies to unfair methods of 

24 competition, section 3(c) of the McCarran-Ferguson Act 

25 shall apply with respect to the business of health insurance 


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•HR 4626 IH

1 without regard to whether such business is carried on for 

2 profit, notwithstanding the definition of ‘‘Corporation’’ 

3 contained in section 4 of the Federal Trade Commission 

4 Act. 

Æ 


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