Sould Insurance companies have an antitrust exemption?

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alchemize

Lifer
Mar 24, 2000
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As I understand it, insurance companies are only exempt from anti-trust when there are state(s) regulating. I am opposed to most forms of federal law superseding state law.

My guess is the way the commerce clause has been interpreted over the past 65 years, this legislation holds little teeth anymore and Feds could sue any time they pleased.
 

piasabird

Lifer
Feb 6, 2002
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It is the state laws that are interfering with competition and free trade in the Insurance Industry. However, to be fair states probably passed these laws to protect consumers, due to the lack of federal laws.

I think it is high time we looked at certain things the states control like Divers Licenses and marriage licenses and make those law federal to keep people from moving from state to state to avoid prosecution. We could use some standardized laws for Driving and Marriage.

Same thing goes for the licensing of medical professionals. This is another area where people move from state to state so they can keep practicing.
 

spidey07

No Lifer
Aug 4, 2000
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Originally posted by: piasabird
It is the state laws that are interfering with competition and free trade in the Insurance Industry. However, to be fair states probably passed these laws to protect consumers, due to the lack of federal laws.

I think it is high time we looked at certain things the states control like Divers Licenses and marriage licenses and make those law federal to keep people from moving from state to state to avoid prosecution. We could use some standardized laws for Driving and Marriage.

Same thing goes for the licensing of medical professionals. This is another area where people move from state to state so they can keep practicing.

Damn that 10th amendment. What you're describing can never happen.
 

alchemize

Lifer
Mar 24, 2000
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Originally posted by: spidey07
Originally posted by: piasabird
It is the state laws that are interfering with competition and free trade in the Insurance Industry. However, to be fair states probably passed these laws to protect consumers, due to the lack of federal laws.

I think it is high time we looked at certain things the states control like Divers Licenses and marriage licenses and make those law federal to keep people from moving from state to state to avoid prosecution. We could use some standardized laws for Driving and Marriage.

Same thing goes for the licensing of medical professionals. This is another area where people move from state to state so they can keep practicing.

Damn that 10th amendment. What you're describing can never happen.
I would argue that it's more reasonable to have driver's licenses and marriage at the federal level, as those clearly are universal and very often cross state lines.

Licensing of medical professionals is a local business issue and rarely crosses state lines (except in cases of moving), much like attorneys, contractors, inspectors, etc.

Insurance companies aren't permitted to operate and compete across state lines. I would think they'd trade rescinding that in a heartbeat for anti-trust legislation revocation.
 

rudder

Lifer
Nov 9, 2000
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In many states... just a couple of insurance companies hold a large percentage of the market. In order to reform the healthcare industry without handing everything over to the government.. this is something that should be looked at.
 

piasabird

Lifer
Feb 6, 2002
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Damn to hell those stinking State's Rights.

How come we can agree all over the Internet how E-Mail should be sent, but we cant standardize driver's Licenses and Marriage Licenses or licensing doctors?
 

PokerGuy

Lifer
Jul 2, 2005
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Originally posted by: piasabird
Damn to hell those stinking State's Rights.

How come we can agree all over the Internet how E-Mail should be sent, but we cant standardize driver's Licenses and Marriage Licenses or licensing doctors?

Because the requirements for being a good driver might be very different in Montana than in NY. Each state can set it's own requirements for drivers, as each state can determine what should be required to practice medicine.
 
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