According to the
McCarran Ferguson Act, though, regulation of insurance is to be left to the individual states.
372 would change the version of the
McCarran Ferguson Act antitrust rules that now governs health insurers.
LaFalce also said there should be "closer scrutiny" of the
McCarran Ferguson Act and "probably at some point in time a federal insurance commission because insurance is such an integral part of everyday life, of national life, of international life.
One of the byproducts of the healthcare reform debate was the introduction of a repeal of the industry's limited antitrust exemption under the
McCarran Ferguson Act for health and medical malpractice insurance.
I envision the possible repeal of the
McCarran Ferguson Act of 1945 that left the regulation of the business of insurance to the states.
Yet, the
McCarran Ferguson Act may prevent HIPAA from regulating many claims practices.
Along with Stark I and II (anti-referral statutes), the Federal HMO Act, Medicare and Medicaid laws and their Anti-Fraud and Abuse Amendments, EMTALA (Emergency Medical Treatment and Active Labor Act), and HCQIA (Health Care Quality Improvement Act of 1986), practitioners also have access to the Qui Tam (Whistle Blower) Actions, False Claims Act, Clayton Act, RICO (Racketeer Influenced and Corrupt Organizations), the Sherman Act, and the
McCarran Ferguson Act (insurance antitrust).
Under the
McCarran Ferguson Act, regulation of insurance is left to the individual states.
