Competitive Health Insurance Reform Act of 2017

To restore the application of the Federal antitrust laws to the business of health insurance to protect competition and consumers. 1. Short title This Act may be cited as the Competitive Health Insurance Reform Act of 2017 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 (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 15 U.S.C. 12 15 U.S.C. 45 (B) the term business of health insurance (including the business of dental insurance and limited-scope dental benefits) (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 section 9832(c) 26 U.S.C. 9832(c) (II) any other line of insurance that is classified as property or casualty insurance under State law; (C) the term historical loss data (D) the term loss development factor . (b) Related provision For purposes of section 5 of the Federal Trade Commission Act ( 15 U.S.C. 45 Corporation March 15 (legislative day, March 13), 2017 Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed

Summary: (This measure has not been amended since it was reported to the House on March 15, 2017. The summary of that version is repeated here.) Competitive Health Insurance Reform Act of 2017 (Sec. 2) This bill amends the McCarran-Ferguson Act to declare that nothing in that Act modifies, impairs, or supersedes the operation of antitrust laws with respect to the business of health insurance, including the business of dental insurance. This declaration does not apply to a contract, combination, or conspiracy to: (1) collect, compile, or disseminate historical loss data; (2) determine a loss development factor for historical loss data; (3) perform actuarial services if the collaboration does not involve a restraint of trade; or (4) develop or disseminate a standard insurance policy form if adherence to the form is not required. Prohibitions against unfair methods of competition apply to the business of health insurance without regard to whether the business is for profit.