House Votes 406 to 19 to Pass Insurance Antitrust Bill

GroundedSailor

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House Passes Insurance Antitrust Bill
By Emily P. Walker, Washington Correspondent, MedPage Today
Published: February 24, 2010


WASHINGTON -- The House of Representatives voted 406 to 19 to pass a bill that would apply federal antitrust laws to the insurance industry.

Currently, insurance companies are exempt from antitrust laws that prohibit companies from sharing cost information. The bill would eliminate the insurance industry's 64-year-old exemption and authorize the federal government to investigate insurers who allegedly share information to set rates.

Supporters of the bill say insurers use the exemption to compare market prices and engage in price-fixing and bid-rigging on health insurance and medical liability policies.

When insurance companies set premiums based on what competitors are charging, patients get slapped with higher costs, and physicians must pay more money to get malpractice coverage, supporters of the bill say.

Opponents, including the insurance industry and some Republicans, argue that insurers are are not bid-rigging and say the bill would do nothing to lower costs.

The insurance industry's exemption from general federal prohibitions on price sharing stems from the 1945 McCarran-Ferguson Act. It was enacted under the theory that states could regulate the industry and didn't need the federal government.

But supporters of the bill say the lack of federal scrutiny has allowed insurance companies to secretly trade information with competitors in setting their own rates, causing insurance premiums to increase.

"This industry should play by the same rules as other industries, plain and simple," said Rep. Pete Defazio (D-Ore.)

President Barack Obama strongly supports the legislation, and the White House released an official statement to that end on Tuesday.

"The repeal of the antitrust exemption in the McCarran-Ferguson Act as it applies to the health insurance industry would give American families and businesses, big and small, more control over their own healthcare choices by promoting greater insurance competition," the statement said.

Democrats took turns on the House floor Wednesday promoting the bill, with many saying that removing the exemption for insurance companies will save consumers money.

However, the nonpartisan Congressional Budget Office (CBO) in 2009 determined "enacting the legislation would have no significant effect on the premiums that private insurers would charge for health insurance."

The insurance industry called the bill an attempt "to solve a problem that doesn't exist."

"The rhetoric surrounding repeal of McCarran-Ferguson does not match the reality of the situation," said Karen Ignagni, President and CEO of America's Health Insurance Plans (AHIP), in a prepared statement.

"Health insurance is one of the most regulated industries in America at both the federal and the state levels. The Act is extremely limited in scope and has nothing to do with competition within the health insurance industry," she said.

House Democrats included a partial repeal of McCarran-Ferguson in their healthcare reform bill, but Senate Democrats did not. The Senate will now have to vote on the bill, and it's expected that a number of Republicans will oppose it.

The bill rode to passage on a swelling tide of resentment against the insurance industry following the announcement from Anthem Blue Cross that it would increase its premiums for individual insurance policies up to 39%.

An executive from Wellpoint, Anthem's parent company, told members of Congress on Wednesday that the higher premiums were justified by rising medical costs.

Obama has cited the soaring costs of insurance as evidence that healthcare reform -- or, as he often calls it, "insurance reform" -- is necessary. The White House is hosting a healthcare summit on Thursday with top lawmakers from both sides of the aisle.

A step in the right direction.

While it may not make much of a difference, it's good for competition. Insurance co's should never have been allowed to behave like a cartel, yet because of this exemption they were allowed to. Thankfully states have, to some extent, curtailed that behavior.
 

Slick5150

Diamond Member
Nov 10, 2001
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The 19 biggest recipients of campaign contributions from the insurance industry most likely.
 

UberNeuman

Lifer
Nov 4, 1999
16,937
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Who are the 19 Representatives that voted against this?

Rep. Todd Akin [R, MO-2]
Rep. John Boehner [R, OH-8]
Rep. Kevin Brady [R, TX-8]
Rep. Paul Broun [R, GA-10]
Rep. Stephen Buyer [R, IN-4]
Rep. Trent Franks [R, AZ-2]
Rep. Scott Garrett [R, NJ-5]
Rep. Lynn Jenkins [R, KS-2]
Rep. Jim Jordan [R, OH-4]
Rep. Steve King [R, IA-5]
Rep. Doug Lamborn [R, CO-5]
Rep. John Linder [R, GA-7]
Rep. Jerry Moran [R, KS-1]
Rep. Ronald Paul [R, TX-14]
Rep. Tom Price [R, GA-6]
Rep. Paul Ryan [R, WI-1]
Rep. James Sensenbrenner [R, WI-5]
Rep. Todd Tiahrt [R, KS-4]
Rep. Lynn Westmoreland [R, GA-3]
 

lothar

Diamond Member
Jan 5, 2000
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Rep. Todd Akin [R, MO-2]
Rep. John Boehner [R, OH-8]
Rep. Kevin Brady [R, TX-8]
Rep. Paul Broun [R, GA-10]
Rep. Stephen Buyer [R, IN-4]
Rep. Trent Franks [R, AZ-2]
Rep. Scott Garrett [R, NJ-5]
Rep. Lynn Jenkins [R, KS-2]
Rep. Jim Jordan [R, OH-4]
Rep. Steve King [R, IA-5]
Rep. Doug Lamborn [R, CO-5]
Rep. John Linder [R, GA-7]
Rep. Jerry Moran [R, KS-1]
Rep. Ronald Paul [R, TX-14]
Rep. Tom Price [R, GA-6]
Rep. Paul Ryan [R, WI-1]
Rep. James Sensenbrenner [R, WI-5]
Rep. Todd Tiahrt [R, KS-4]
Rep. Lynn Westmoreland [R, GA-3]

Thank you for your detailed list.
Can any Ron Paul advocates explain his vote?
 

lothar

Diamond Member
Jan 5, 2000
6,674
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If you really need to ask, you don't know anything about Ron Paul.

So Ron Paul is against anti-trust provisions for all businesses, corporations, and industries?
If he is, why hasn't he introduced a bill in the House eliminating anti-trust provisions for other businesses and industries?
 

Descartes

Lifer
Oct 10, 1999
13,968
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This move supports what I was thinking was the motivation all along with respect to healthcare reform. Shoot for the stars, maybe hit the tallest tree. The disparity of the larger healthcare reform package makes these moves seem simpler, and somehow more obvious and accepting, in contrast.

I think our leaders are smarter than we give them credit and the American public gets played. While we all sit around and argue minutiae, why you're right and everyone else is wrong, the chess game is being one by a pawn push and not a queen sacrifice.

Enjoy.
 

ebaycj

Diamond Member
Mar 9, 2002
5,418
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Thank you for your detailed list.
Can any Ron Paul advocates explain his vote?

I'm not a Ron Paul advocate, but I would imagine it stems from antitrust not being specifically mentioned in the constitution.
 

GroundedSailor

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Feb 18, 2001
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I'm not a Ron Paul advocate, but I would imagine it stems from antitrust not being specifically mentioned in the constitution.

Section 8 of the U.S. Constitution states:

- The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States;

- To borrow Money on the credit of the United States;
- To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes;
- To establish an uniform Rule of Naturalization, and uniform Laws on the subject of Bankruptcies throughout the United States;
- To coin Money, regulate the Value thereof, and of foreign Coin, and fix the Standard of Weights and Measures; . . .

It is the 'regulate Commerce' clause under which this act falls.

So while the constitution does not specifically address anti-trust issues, the commerce clause gives the Govt the right to pass laws which regulate commerce and this is one of them.

So if RP is using this as his logic he is wrong.


.
 

StageLeft

No Lifer
Sep 29, 2000
70,150
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Section 8 of the U.S. Constitution states:

- The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States;

- To borrow Money on the credit of the United States;
- To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes;
- To establish an uniform Rule of Naturalization, and uniform Laws on the subject of Bankruptcies throughout the United States;
- To coin Money, regulate the Value thereof, and of foreign Coin, and fix the Standard of Weights and Measures; . . .

It is the 'regulate Commerce' clause under which this act falls.

So while the constitution does not specifically address anti-trust issues, the commerce clause gives the Govt the right to pass laws which regulate commerce and this is one of them.

So if RP is using this as his logic he is wrong.


.
Probably the fact it's already not in it. He really does lack some imagination.

anti-trust seems common sense. I guess I'm surprised these companies didn't have to abide by it to begin with.