Incredibly, bill to end health care insurers' anti-trust exemption gaining steam in Congress


Sometimes, in American politics/public policy, the unexpected occurs. A year ago, if you had said health care reform in 2009 would lead to the end of the health insurance industry's anti-trust exemption, you probably would have been classified as a candidate for 24-hour observation.

It still hasn't become law yet, but on Wednesday the above took one more step toward becoming reality as the U.S. House Judiciary Committee approved a bill that would curb the health insurance industry's limited exemption from antitrust law and would allow the U.S. Justice Department to enforce laws relating to price fixing and market allocation, The New York Times reported. The committee voted 20-9 in favor of the measure, with three Republicans joining 17 Democrats.

Insurers argue the elimination of the exemption would ultimately lead to fewer insurance companies and higher premiums.

Critics of the exemption say that's already occurred, with insurers taking advantage of the exemption to carve-up territories -- tacitly if not overtly agreeing not to compete in certain regions -- leading to near monopolies, de-facto price fixing, a breakdown of the competition requirement for free markets, higher prices, and other abuses.

Fiscal Analysis: The view from here still argues the U.S. Congress will not be able to pass both health care reform and end the health insurance industry's antitrust exemption. If it did, however, the duo would represent a public policy achievement of New Deal proportions. Based on the current 'territoriality' and highly-concentrated system, there's little incentive for health insurers to compete on price. If the antitrust exemption is removed, competition would increase in every region of the United States -- insurers would have real, viable competition to deal with in their primary zones, and premiums would likely fall substantially.

But again, removing the exemption would be a non-incremental policy change for Congress -- and that change, combined with health care reform, would result in Congress passing TWO policies in the public interest in one year -- FDR-level achievements. Again, I'll believe it when I see it.

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Financial Editor Joseph Lazzaro is writing a book on the U.S. presidency and the U.S. economy.

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