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The House passed the Competitive Health Insurance Reform Act (H.R. 1418) by voice vote on Sept. 21. Similar legislation passed the House in prior years but was never considered in the Senate. Thus far, the Senate has not taken action to advance their version (S.350) and is unlikely to pass the bill this year. The bill would repeal the more than 60-year-old McCarran-Ferguson Act (“McCarran”), which clarifies that the states, rather than the federal government, have regulatory authority over insurance. While dental carriers do not typically engage in activities covered by McCarran, repeal could expose them to litigation intended to test the limits of their conduct in the absence of the antitrust exemption. NADP has been a vocal opponent of H.R.1418/S.350 and has been working to educate policymakers that McCarran does not provide a blanket exemption from the antitrust laws for insurers. NADP sees no incentives for greater competition or new market entry in the dental benefits industry resulting from a McCarran repeal. For more information on NADP’s position on McCarran, access our issue brief here.
Please contact Director of Government & Regulatory Affairs Teresa Cagnolatti with questions about federal legislation.
