cution Federal powers, as enumerated in Section 8 of Arti-
cle I of the Constitution of the United States. 
Subtitle C—Restoring the Applica-
tion of Antitrust Laws to Health 
Sector Insurers 
SEC. 731. SHORT TITLE. 
This subtitle may be cited as the ‘‘Health Insurance 
Industry Fair Competition Act of 2012’’. 
SEC. 732. APPLICATION OF THE 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 
amended by adding at the end the following: 
‘‘(c) 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. For 
purposes of the preceding sentence, the term ‘antitrust 
laws’ has the meaning given it in subsection (a) of the 
first section of the Clayton Act, except that such term in-
cludes section 5 of the Federal Trade Commission Act to 
the extent that such section 5 applies to unfair methods 
of competition. For the purposes of this subsection, the 
term ‘business of health insurance’ shall— 
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‘‘(1) mean ‘health insurance coverage’ offered 
by a ‘health insurance issuer’ as those terms are de-
fined in section 9001 of the Patient Protection and 
Affordable Care Act, which incorporates by reference 
and utilizes the definitions included in section 9832 
of the Internal Revenue Code (26 U.S.C. 9832); and 
‘‘(2) not include— 
‘‘(A) life insurance and annuities; 
‘‘(B) property or casualty insurance, in-
cluding but not limited to, automobile, medical 
malpractice or workers’ compensation insur-
ance; or 
‘‘(C) any insurance or benefits defined as 
‘excepted benefits’ under section 9832(c) of the 
Internal Revenue Code (26 U.S.C. 9832(c)), 
whether offered separately or in combination 
with products described in subparagraph (A).’’. 
(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’’ 
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contained in section 4 of the Federal Trade Commission 
Act. 
(c) LIMITATION ON CLASS ACTIONS.— 
(1) LIMITATION.—No class action may be 
heard in a Federal or State court on a claim against 
a person engaged in the business of health insurance 
for a violation of any of the antitrust laws (as de-
fined in section 3(c) of the Act of March 9, 1945 
(15 U.S.C. 1013), commonly known as the 
McCarran-Ferguson Act). 
(2) EXEMPTION.—Paragraph (1) shall not 
apply with respect to any action commenced— 
(A) by the United States or any State; or 
(B) by a named claimant for an injury 
only to itself. 
Subtitle D—Protections for Good 
Samaritan Health Professionals 
SEC. 741. SHORT TITLE. 
This subtitle may be cited as the ‘‘Good Samaritan 
Health Professionals Act of 2012’’. 
SEC. 742. LIMITATION ON LIABILITY FOR VOLUNTEER 
HEALTH CARE PROFESSIONALS. 
(a) IN GENERAL.—Title II of the Public Health Serv-
ice Act (42 U.S.C. 202 et seq.) is amended by inserting 
after section 224 the following: 
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‘‘SEC. 224A. LIMITATION ON LIABILITY FOR VOLUNTEER 
HEALTH CARE PROFESSIONALS. 
‘‘(a) LIMITATION ON LIABILITY.—Except as provided 
in subsection (b), a health care professional shall not be 
liable under Federal or State law for any harm caused 
by an act or omission of the professional if— 
‘‘(1) the professional is serving as a volunteer 
for purposes of responding to a disaster; and 
‘‘(2) the act or omission occurs— 
‘‘(A) during the period of the disaster, as 
determined under the laws listed in subsection 
(e)(1); 
‘‘(B) in the health care professional’s ca-
pacity as such a volunteer; and 
‘‘(C) in a good faith belief that the indi-
vidual being treated is in need of health care 
services. 
‘‘(b) EXCEPTIONS.—Subsection (a) does not apply 
if— 
‘‘(1) the harm was caused by an act or omission 
constituting willful or criminal misconduct, gross 
negligence, reckless misconduct, or a conscious fla-
grant indifference to the rights or safety of the indi-
vidual harmed by the health care professional; or 
‘‘(2) the health care professional rendered the 
health care services under the influence (as deter-
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mined pursuant to applicable State law) of intoxi-
cating alcohol or an intoxicating drug. 
‘‘(c) STANDARD OF PROOF.—In any civil action or 
proceeding against a health care professional claiming that 
the limitation in subsection (a) applies, the plaintiff shall 
have the burden of proving by clear and convincing evi-
dence the extent to which limitation does not apply. 
‘‘(d) PREEMPTION.— 
‘‘(1) IN GENERAL.—This section preempts the 
laws of a State or any political subdivision of a State 
to the extent that such laws are inconsistent with 
this section, unless such laws provide greater protec-
tion from liability. 
‘‘(2) VOLUNTEER
PROTECTION
ACT.—Protec-
tions afforded by this section are in addition to those 
provided by the Volunteer Protection Act of 1997. 
‘‘(e) DEFINITIONS.—In this section: 
‘‘(1) The term ‘disaster’ means— 
‘‘(A) a national emergency declared by the 
President under the National Emergencies Act; 
‘‘(B) an emergency or major disaster de-
clared by the President under the Robert T. 
Stafford Disaster Relief and Emergency Assist-
ance Act; or 
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