IB 
Union Calendar No. 18 
115TH CONGRESS 
1ST SESSION 
H. R. 372 
[Report No. 115–36] 
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 
JANUARY 9, 2017 
Mr. GOSAR
(for himself, Mr. BRAT, Mr. BROOKS
of Alabama, Mr. 
DESJARLAIS, Mr. DUNCAN of Tennessee, Mr. GOHMERT, Mr. JONES, Mr. 
KING of Iowa, Mr. ROE of Tennessee, Mr. AUSTIN SCOTT of Georgia, Mr. 
YOHO, Mr. FERGUSON, Mr. WITTMAN, Mr. BABIN, and Mr. SMITH of 
Texas) introduced the following bill; which was referred to the Committee 
on the Judiciary 
MARCH 15 (legislative day, MARCH 13), 2017 
Additional sponsors: Mr. BIGGS, Mr. LAMBORN, Mr. SANFORD, Mr. GARRETT, 
Mr. LABRADOR, and Mr. TIPTON 
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 
[Strike out all after the enacting clause and insert the part printed in italic] 
[For text of introduced bill, see copy of bill as introduced on January 9, 2017] 
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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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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 In-
surance Reform Act of 2017’’. 
SEC. 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), 
commonly known as the McCarran-Ferguson Act, is amend-
ed by adding at the end the following: 
‘‘(c)(1) Nothing contained in this Act shall modify, im-
pair, 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 con-
spiracy— 
‘‘(A) to collect, compile, or disseminate historical 
loss data; 
‘‘(B) to determine a loss development factor ap-
plicable to historical loss data; 
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‘‘(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 insur-
ance policy form (including a standard addendum to 
an insurance policy form and standard terminology 
in an insurance policy form) if such contract, com-
bination, 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 in-
cludes section 5 of the Federal Trade Commission Act 
(15 U.S.C. 45) to the extent that such section 5 ap-
plies 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 (including 
annuities); or 
‘‘(ii) the business of property or casualty 
insurance, including but not limited to— 
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