McCarran-Ferguson Exemption Repeal Becomes Law

  • by AGD Washington Advocacy Representative
  • Jan 21, 2021
The Competitive Health Insurance Reform Act (H.R. 1418) was signed into law on January 13. The law repeals the antiquated McCarran-Ferguson antitrust exemption granted to the health insurance industry decades ago. This bipartisan policy change was led in the House by Reps. Peter DeFazio (D-OR) and Paul Gosar (R-AZ) and in the Senate by Senators Daines (R-MT) and Leahy (D-VT). AGD is proud to have been a part of organized dentistry’s decades-long effort, spearheaded by ADA, to see this policy enacted into law.

Repeal of the McCarran-Ferguson antitrust exemption should empower federal agencies, like the Federal Trade Commission and U.S. Department of Justice, to enforce the full range of federal antitrust laws against health insurance companies engaged in anticompetitive conduct. AGD appreciates the many members who participated in advocating for passage in both the House and Senate, as they were an integral part of making this achievement possible.

Impact on General Dentistry: The AGD has been a longtime supporter of efforts to reform McCarran-Ferguson to eliminate the health insurance industry’s exemption from federal antitrust laws. With this bill now signed into law, AGD hopes it will create a better dental plan marketplace to benefit consumers and providers that have been left susceptible to unfair price fixing, bid rigging, and market allocation.