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National LegislationAGD continuously monitors national legislation so that the organization can communicate the interest of the general dentist to interested parties. In addition, the organization maintains policies to communicate the AGD position when speaking to national legislators on the general dentists’ behalf. AGD encourages its members to advocate on behalf of the profession as well. Review the current list of the AGD dental care and legislative policies to use in your communications with local lawmakers. In addition, the AGD publishes updates on national legislation that may affect general dentists. Click on the links below to learn more about national legislation that the AGD is monitoring or view earlier legislative updates from the AGD by click on the archive link on the right.
On Oct. 8, 2009, the House Committee on the Judiciary’s Subcommittee on Courts and Competition Policy held a hearing on “The Health Insurance Industry Antitrust Enforcement Act of 2009” (H.R. 3596), sponsored by Judiciary Committee Chairman John Conyers (D-MI-14). This legislation would overturn the existing antitrust exemption for health insurers and issuers of medical malpractice insurance and make them subject to antitrust regulation by the Federal Trade Commission (FTC) and the Department of Justice (DOJ).
Chairman Conyers and his allies have expressed concern that the antitrust exemption, which has been in place since 1944 under legislation known as “McCarran–Ferguson,” permits insurers to collude on price-fixing that increases the cost of health insurance and medical malpractice insurance. This matter has received increased attention as Congress grapples with health care costs as part of the effort to reform the health care system.
The hearing featured a wide range of witnesses, including America’s Health Insurance Plans (AHIP), the American Academy of Actuaries (AAA), the American Bar Association (ABA), and the Center for American Progress (CAP), among others. Interestingly, all of the witnesses agreed that there is no evidence of price fixing among health insurers or issuers of medical malpractice insurance. Several panelists felt that the regional near-monopoly enjoyed by many insurers has led to anticompetitive and/or deceptive practices that have increased premiums, but that the proposed legislation would not address these matters. In fact, many panelists felt that this legislation could lead to increased premiums, since it would prohibit pro-competitive dialogue among insurers related to regional pricing variations. In general, the panelists’ positions ranged from outright opposition to the legislation to concern that it misses the mark.
Impact on General Dentistry: The House Judiciary Committee is expected to take up H.R. 3596 later this year. Additionally, the Senate Judiciary Committee is expected to take up companion legislation sponsored by that Committee’s Chairman, Sen. Patrick Leahy (D-VT). The AGD will watch this matter closely.
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