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The McCarran-Ferguson Act that created that antitrust exemption for the health insurance industry has been repealed through the Patient Protection and Affordable Care Act (PPACA).
This will prevent the health and medical malpractice insurers from being exempt from antitrust regulation.
An example of how the health industry has had problem is in a case in New York invovling usual and customary rates. There was a company that was determining what U&C should be and it turned out that company was owned by one of the major insurance companies in that state. This created a serious conflict of interest and could be viewed as fraud.
The Repeal of this Maccarrn- Ferguson Act could turn out to be good thing for the consumer.
