Health Affairs January 19, 2021
On January 13, 2021, President Trump signed the Competitive Health Insurance Reform Act of 2020 into the law. The bipartisan legislation was passed by voice vote in the U.S. House of Representatives in September 2020 and by unanimous consent in the U.S. Senate in late December 2020. The legislation was sponsored by Rep. Peter DeFazio (D-OR) and Sens. Steve Daines (R-MT) and Patrick Leahy (D-VT).
Brief Background
The new law amends the McCarran-Ferguson Act of 1945, which has long exempted insurers from federal antitrust laws. The McCarran-Ferguson Act was passed in response to a Supreme Court decision in 1944 known as United States v. South-Eastern Underwriters Association. In that case, the Court held that the business of insurance, when conducted...