Insurance Antitrust Legal News - November 2013 • Volume 2, Number 6

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In This Issue:

- BILL SEEKING TO REPEAL THE MCCARRAN FERGUSON ACT’S ANTITRUST EXEMPTION INTRODUCED IN CONGRESS:

On September 18, Congressman Phil Roe (R-Tennessee) introduced legislation (H.R.3121) that would, among other things, amend Section 3 of the McCarran-Ferguson Act (15 U.S.C. 1013) to repeal the Act’s antitrust exemption for health insurers. Congressman Roe’s McCarran-Ferguson repeal provisions (Subtitle B of the legislation) are part of a larger piece of legislation – almost 200 pages in all – that would also repeal the Affordable Care Act...

- SECOND CIRCUIT AFFIRMS DISMISSAL OF ANTITRUST CASE AGAINST INSURANCE SERVICES OFFICE:

On October 18, the Second Circuit Court of Appeals issued an affirmance in Vedder Software Group v. Insurance Services Office, ruling that District Court Judge Glenn Suddaby (N.D. N.Y.) had properly dismissed plaintiff’s antitrust claims against Insurance Services Office (“ISO”) and Liberty Mutual Insurance for failure to state a claim...

- “ANY WILLING INSURER” LEGISLATION INTRODUCED IN PENNSYLVANIA:

A significant number of states have “Any Willing Provider” statutes that require a health insurer to admit all requesting providers into the health insurer’s preferred provider network. While some of these statutes are limited in scope (covering only pharmaceutical providers), others require insurers to admit any “willing” hospital or physician that meets the insurer’s credentialing standards into its network as well...

- FILED RATE DOCTRINE DERAILS ANTITRUST CLAIM AGAINST HEALTH INSURER:

On September 27, Chief Judge Joy Flowers Conti (W.D. Pa.) dismissed antitrust claims against University of Pittsburgh Medical Center (UPMC) and Highmark Blue Cross Blue Shield (Highmark), finding that the claims asserted by plaintiff, Royal Mile Company, and the class it sought to represent, were barred by the Filed Rate Doctrine...

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