Advocacy

National Legislation

AGD 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.

October 2009 Archives 
  Dental Coverage in CHIPRA
  Overturning McCarran-Ferguson’s Antitrust Exemption Possible in Health Care Reform   Legislation to Provide Funding for Small Businesses
  IOM to Recommend Improvements to U.S. Oral Health Care Delivery System   Hearing Held on Legislation Proposing to Overturn McCarran-Ferguson
  GAO Report on State and Federal Actions to Increase Children’s Access to Oral Health Services   Bills Trying to Repeal the McCarran-Ferguson Antitrust Exemption for Insurance Companies
  “Public Option” Amendments Rejected by Senate Finance Committee   Dental-Related Amendments in House and Senate Committee Mark-Ups on Health Care Reform
  SBA Programs Extended

Overturning McCarran-Ferguson’s Antitrust Exemption Possible in Health Care Reform

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Democratic Leaders in both the House and the Senate indicated they plan to include in health care reform legislation provisions overturning the McCarran–Ferguson Act antitrust exemption for health insurers and issuers of medical malpractice insurance as it relates to price fixing, bid rigging, and market allocation. Senate Majority Leader Harry Reid (D-NV) and Speaker of the House Nancy Pelosi (D-CA-8) made announcements on Oct. 20 and Oct. 22, respectively.

Support for overturning the 1945 McCarran–Ferguson Act, which exempts the “business of insurance” from federal antitrust laws, has been around for some time. Recently, Senate Judiciary Chairman Patrick Leahy (D-VT) and House Judiciary Chairman John Conyers (D-MI-14) introduced companion bills (S.B. 1681 and H.B. 3596) to remove the exemption as it applies to health and medical malpractice insurers. The House bill was passed by the Judiciary Committee on Oct. 21 by a vote of 20–9, with three Republicans supporting the measure.

Impact on General Dentistry: If health care reform legislation passes with provisions that overturn the antitrust exemption for health insurers and issuers of medical malpractice, these insurers would be subject to oversight for the first time by the Federal Trade Commission (FTC) and the Department of Justice (DoJ) as it relates to price fixing, bid rigging, and market allocation. While there may not be an immediate impact, it is expected that over time, such oversight will lead to greater competition in the industries, which should lead to lower premiums and perhaps greater competitiveness on provider reimbursements.

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