I 
116TH CONGRESS 
1ST SESSION H. R. 1418 
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 28, 2019 
Mr. DEFAZIO (for himself, Mr. GOSAR, Mr. MEEKS, Mr. LYNCH, Mr. GRI-
JALVA, Mr. GARAMENDI, Mr. NORMAN, Mr. DESJARLAIS, Mr. DAVIDSON 
of Ohio, and Mr. YOHO) 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. 
Be it enacted by the Senate and House of Representa-
tives 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 2019’’. 
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SEC. 2. RESTORING THE APPLICATION OF ANTITRUST 
LAWS TO THE BUSINESS OF HEALTH INSUR-
ANCE. 
(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 (in-
cluding 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 con-
spiracy— 
‘‘(A) to collect, compile, or disseminate histor-
ical loss data; 
‘‘(B) to determine a loss development factor ap-
plicable to historical loss data; 
‘‘(C) to perform actuarial services if such con-
tract, combination, or conspiracy does not involve a 
restraint of trade; or 
‘‘(D) to develop or disseminate a standard in-
surance policy form (including a standard addendum 
to an insurance policy form and standard termi-
nology in an insurance policy form) if such contract, 
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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 (in-
cluding the business of dental insurance and limited- 
scope dental benefits)’ does not include— 
‘‘(i) the business of life insurance (includ-
ing 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 de-
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scribed in paragraph (2)(A) of such sec-
tion; and 
‘‘(II) any other line of insurance that 
is classified as property or casualty insur-
ance under State law; 
‘‘(C) the term ‘historical loss data’ means infor-
mation respecting claims paid, or reserves held for 
claims reported, by any person engaged in the busi-
ness 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. 
Æ 
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