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) in-
troduced 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. GON-
ZALEZ, 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] 
VerDate Nov 24 2008 
23:22 Nov 02, 2009
Jkt 089200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6652
E:\BILLS\H3596.RH
H3596
pwalker on DSK8KYBLC1PROD with BILLS
A BILL 
To ensure that health insurance issuers and medical mal-
practice insurance issuers cannot engage in price fixing, 
bid rigging, or market allocations to the detriment of 
competition and consumers. 
VerDate Nov 24 2008 
23:22 Nov 02, 2009
Jkt 089200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6652
E:\BILLS\H3596.RH
H3596
pwalker on DSK8KYBLC1PROD with BILLS
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 ‘‘Health Insurance In-
dustry Antitrust Enforcement Act of 2009’’. 
SEC. 2. PURPOSE. 
It is the purpose of this Act to ensure that health 
insurance issuers and medical malpractice insurance 
issuers cannot engage in price fixing, bid rigging, or mar-
ket allocations to the detriment of competition and con-
sumers. 
SEC. 3. PROHIBITION OF ANTI-COMPETITIVE ACTIVITIES. 
Notwithstanding any other provision of law, nothing 
in the Act of March 9, 1945 (15 U.S.C. 1011 et seq., com-
monly known as the ‘‘McCarran-Ferguson Act’’), shall be 
construed to permit health insurance issuers (as defined 
in section 2791 of the Public Health Service Act (42 
U.S.C. 300gg–91) or issuers of medical malpractice insur-
ance to engage in any form of price fixing, bid rigging, 
or market allocations in connection with the conduct of 
the business of providing health insurance coverage (as de-
fined in such section) or coverage for medical malpractice 
claims or actions. 
VerDate Nov 24 2008 
23:22 Nov 02, 2009
Jkt 089200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6401
E:\BILLS\H3596.RH
H3596
pwalker on DSK8KYBLC1PROD with BILLS
SEC. 4. APPLICATION TO ACTIVITIES OF STATE COMMIS-
SIONS OF INSURANCE AND OTHER STATE IN-
SURANCE REGULATORY BODIES. 
Nothing in this Act shall apply to the information 
gathering and rate setting activities of any State commis-
sion of insurance, or any other State regulatory entity 
with authority to set insurance rates. 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Health Insurance Indus-
try Antitrust Enforcement Act of 2009’’. 
SEC. 2. PURPOSE. 
It is the purpose of this Act to ensure that health insur-
ance issuers and medical malpractice insurance issuers 
cannot engage in price fixing, bid rigging, or market alloca-
tions to the detriment of competition and consumers. 
SEC. 3. PROHIBITION OF ANTI-COMPETITIVE ACTIVITIES. 
Notwithstanding any other provision of law, nothing 
in the Act of March 9, 1945 (15 U.S.C. 1011 et seq., com-
monly known as the ‘‘McCarran-Ferguson Act’’), shall be 
construed to permit health insurance issuers (as defined in 
section 2791 of the Public Health Service Act (42 U.S.C. 
300gg–91)) or issuers of medical malpractice insurance to 
engage in any form of price fixing, bid rigging, or market 
allocations in connection with the conduct of the business 
of providing health insurance coverage (as defined in such 
VerDate Nov 24 2008 
23:22 Nov 02, 2009
Jkt 089200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6203
E:\BILLS\H3596.RH
H3596
pwalker on DSK8KYBLC1PROD with BILLS
section) or coverage for medical malpractice claims or ac-
tions. 
SEC. 4. APPLICATION TO ACTIVITIES OF STATE COMMIS-
SIONS OF INSURANCE AND OTHER STATE IN-
SURANCE REGULATORY BODIES. 
Nothing in this Act shall apply to the information 
gathering and rate setting activities of any State commis-
sion of insurance, or any other State regulatory entity with 
authority to set insurance rates. 
SEC. 5. EXCLUSIONS. 
(a) EXCLUDED CONDUCT.—This Act shall not apply 
to making a contract, or engaging in a combination or con-
spiracy— 
(1) to collect, compile, or disseminate historical 
loss data; 
(2) to determine a loss development factor appli-
cable to historical loss data; or 
(3) to perform actuarial services if such contract, 
combination, or conspiracy does not involve a re-
straint of trade. 
(b) DEFINITIONS.—For purposes of this section— 
(1) 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 
VerDate Nov 24 2008 
23:22 Nov 02, 2009
Jkt 089200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6203
E:\BILLS\H3596.RH
H3596
pwalker on DSK8KYBLC1PROD with BILLS
(2) the term ‘‘loss development factor’’ means an 
adjustment to be made to reserves held for losses in-
curred for claims reported by any person engaged in 
the business of insurance, for the purpose of bringing 
such reserves to an ultimate paid basis. 
VerDate Nov 24 2008 
23:22 Nov 02, 2009
Jkt 089200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6203
E:\BILLS\H3596.RH
H3596
pwalker on DSK8KYBLC1PROD with BILLS
Union Calendar No. 184 
111TH CONGRESS 
1ST SESSION 
H. R. 3596 
[Report No. 111–322] 
A BILL 
To ensure that health insurance issuers and med-
ical malpractice insurance issuers cannot engage 
in price fixing, bid rigging, or market allocations 
to the detriment of competition and consumers. 
NOVEMBER 2, 2009 
Reported with an amendment, committed to the Com-
mittee of the Whole House on the State of the Union, 
and ordered to be printed 
VerDate Nov 24 2008 
23:22 Nov 02, 2009
Jkt 089200
PO 00000
Frm 00008
Fmt 6651
Sfmt 6651
E:\BILLS\H3596.RH
H3596
pwalker on DSK8KYBLC1PROD with BILLS