,,ii  #aafth ,,congress  #ast ,session  
,s4 #cej  ,,in ,,the ,,senate ,,of ,,the
 ,,united ,,states  ,february #f1       
#bjai,mr4 ,daines 7for himself and ,mr4 
,leahy7 introduced the following bill2  
which was read twice and referred to the
 ,committee on the ,judiciary  ,a ,,bill
  ,to restore the application of the    
,federal antitrust laws to the business 
of health insurance to protect          
competition and consumers4  #a4 ,short  
title ,this ,act may be cited as the    
,competitive ,health ,insurance ,reform 
,act of #bjai4  #b4 ,restoring the      
application of antitrust laws to the    
business of health insurance  7a7       
,amendment to ,mccarran-,ferguson ,act  
,section #c of the ,act of ,march #i1   
#aide 7#ae ,u4,s4,c4 #ajac71 commonly   
known as the ,mc,carran-,ferguson ,act1 
is amended by adding at the end the     
following3  7c7 7#a7 ,nothing contained 
in this ,act shall modify1 impair1 or   
supersede the operation of any of the   
antitrust laws with respect to the      

business of health insurance 7including 
the business of dental insurance and    
limited-scope dental benefits74  7#b7   
,paragraph 7#a7 shall not apply with    
respect to making a contract1 or        
engaging in a combination or            
conspiracy--  7,a7 to collect1 compile1 
or disseminate historical loss data2    
7,b7 to determine a loss development    
factor applicable to historical loss    
data2  7,c7 to perform actuarial        
services if such contract1 combination1 
or conspiracy does not involve a        
restraint of trade2 or  7,d7 to develop 
or disseminate a standard insurance     
policy form 7including a standard       
addendum to an insurance policy form and
 standard terminology in an insurance   
policy form7 if such contract1          
combination1 or conspiracy is not to    
adhere to such standard form or require 
adherence to such standard form4  7#c7  
,for purposes of this subsection-- 7,a7 
the term antitrust laws has the meaning 
given it in subsection 7a7 of the first 

section of the ,clayton ,act 7#ae       
,u4,s4,c4 #ab71 except that such term   
includes section #e of the ,federal     
,trade ,commission ,act 7#ae ,u4,s4,c4  
#de7 to the extent that such section #e 
applies to unfair methods of            
competition2  7,b7 the term business of 
health insurance 7including the business
 of dental insurance and limited-scope  
dental benefits7 does not include--  7i7
 the business of life insurance         
7including annuities72 or  7ii7 the     
business of property or casualty        
insurance1 including but not limited    
to--  7,i7 any insurance or benefits    
defined as excepted benefits under      
paragraph 7#a71 subparagraph 7,b7 or    
7,c7 of paragraph 7#b71 or paragraph    
7#c7 of section #ihcb7;c7 of the        
,internal ,revenue ,code of #aihf 7#bf  
,u4,s4,c4 #ihcb7;c77 whether offered    
separately or in combination with       
insurance or benefits described in      
paragraph 7#b77;,a7 of such section2 and
  7,,ii7 any other line of insurance    

that is classified as property or       
casualty insurance under ,state law2    
7,c7 the term historical loss data means
 information respecting claims paid1 or 
reserves held for claims reported1 by   
any person engaged in the business of   
insurance2 and  7,d7 the term loss      
development factor means an adjustment  
to be made to reserves held for losses  
incurred for claims reported by any     
person engaged in the business of       
insurance1 for the purpose of bringing  
such reserves to an ultimate paid basis4
  4  7b7 ,related provision ,for        
purposes of section #e of the ,federal  
,trade ,commission ,act 7#ae ,u4,s4,c4  
#de7 to the extent such section applies 
to unfair methods of competition1       
section #c7;c7 of the                   
,mc,carran-,ferguson ,act shall apply   
with respect to the business of health  
insurance without regard to whether such
 business is carried on for profit1     
notwithstanding the definition of       
,corporation contained in section #d of 

the ,federal ,trade ,commission ,act4