Sec. 723. Application of the antitrust laws to the business of health insurance
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Section 3 of the Act of March 9, 1945 ( 15 U.S.C. 1013 ), commonly known as the McCarran-Ferguson Act, is amended by adding at the end the following: Nothing contained in this Act shall modify, impair, or supersede the operation of any of the antitrust laws with respect to the business of health insurance. For purposes of the preceding sentence, the term antitrust laws has the meaning given it in subsection
(a)of the first section of the Clayton Act, except that such term includes section 5 of the Federal Trade Commission Act to the extent that such section 5 applies to unfair methods of competition. For the purposes of this subsection, the term business of health insurance shall— mean health insurance coverage offered by a health insurance issuer as those terms are defined in section 2791 of the Public Health Service Act; and not include— life insurance and annuities; property or casualty insurance, including but not limited to, automobile, medical malpractice or workers’ compensation insurance; or any insurance or benefits defined as excepted benefits under section 9832(c) of the Internal Revenue Code of 1986, whether offered separately or in combination with products described in subparagraph (A). . For purposes of section 5 of the Federal Trade Commission Act ( 15 U.S.C. 45 ) to the extent such section applies to unfair methods of competition, section 3(c) of the McCarran-Ferguson Act shall apply with respect to the business of health insurance without regard to whether such business is carried on for profit, notwithstanding the definition of Corporation contained in section 4 of the Federal Trade Commission Act. No class action may be heard in a Federal or State court on a claim against a person engaged in the business of health insurance for a violation of any of the antitrust laws (as defined in section 3(c) of the Act of March 9, 1945 ( 15 U.S.C. 1013 ), commonly known as the McCarran-Ferguson Act). Paragraph
(1)shall not apply with respect to any action commenced— by the United States or any State; or by a named claimant for an injury only to itself.
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