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07.01.2010 McCarran-Ferguson Act’s Antitrust Exemption Dodges Another Attempt at Repeal
07. 2010
When the Patient Protection and Affordable Care Act (“PPACA”) was passed earlier this year without any provision for a repeal of the health insurance industry’s antitrust exemption, Senator Patrick Leahy, who has been one of the leaders of the repeal movement, vowed that the fight to repeal McCarran this Congress was far from over. To that end, in March Senator Leahy sent a letter to Senate Majority Leader Harry Reid, which was co-signed by 22 other Senators, urging Senator Reid to schedule a vote on HR 4626, the House’s McCarran repeal bill — which passed in the House by a margin of 406-19. However, when Senator Leahy’s letter failed to prompt any further action on the bill, Senator Leahy began looking for opportunities to attach the repeal bill to fast-moving legislation that would ensure further consideration of the issue. In early May, Senator Leahy found such an opportunity with the financial services regulatory reform bill.

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