anti-trust exemption

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We can all thank Ben Nelson for trying to get this killed in the health care bill. Ring of Fire’s Mike Papantonio makes a great case for why we need to get rid of the anti-trust exemptions for the insurance industry and how the lack of regulation over the industry is harming small businesses in the United States. Of course good little wingnut S. E. Cupp plays concern troll for the insurance industry with her B.S. about having more competition across state lines, which would only mean a race to the bottom to the states with the least regulations.

Fox Host: Instead of worrying about the cash registers today, are retailers more worried about Washington? The industry reportedly fighting the Senate health care bill saying it is going to hurt retail jobs. But will it? Conservative columnist S. E. Cupp says you bet it will. Radio talk show host Mike Papantonio disagrees. We’ll start with you Mike. Why do you disagree?

Papantonio: Well every economist in the universe will tell you that the way to increase employment is increase competition. The insurance industry has been treated like a special prima donna since 1945 with this McCarran–Ferguson Pre-emption Act and here’s the problem; when you don’t have free competition, you’re going to…it affects jobs. There’s no secret here. The anti-trust laws would prevent the industry from charging small business anything they want to charge for employee policies.

So what ends up happening Brian is small business has to pay these exorbitant premiums—by the way, the insurance industry has increased those premiums 400% in the last ten years. McCarran–Ferguson would never allow that to happen because there would be transparency. So where’s the first place they cut? They cut jobs, they cut R&D, they cut expansion, they cut new risks. That’s exactly what’s happened because we treat this industry like they’re a prima donna. They’re the only industry besides baseball that is not subject to anti-trust laws and it’s killing employers.



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MSNBC Dr. Nancy Snyderman Oct. 21, 2009. Pat Leahy discusses the amendment being considered by the Senate Judiciary Committee to repeal the anti-trust exemption for the insurance industry. Leahy said he never understood why the industry was ever granted the exemption in the first place and that they do not deserve to have a special shield.


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From Democracy Now:

Democrats say the McCarran-Ferguson Act of 1945 has granted the insurance industry a captive market with no curbs on price fixing and other anti-competitive practices. Last week the Justice Department’s top antitrust regulator, Christine Varney, voiced support for a repeal. Senate Majority Leader Harry Reid and House Speaker Nancy Pelosi are also backing a repeal, and New York Senator Charles Schumer has called for including it as part of the healthcare reform bill. The House Judiciary Committee plans to vote on the issue on Wednesday.

This would be a welcome step in the right direction if it passes.

Transcript below the fold.

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Obama Threatens Insurance Companies' Anti-Trust Exemption

Nice to see Obama taking them on like this. I just wish he talked like this more often:

WASHINGTON — President Obama mounted a frontal assault on the insurance industry on Saturday, accusing it of airing “deceptive and dishonest ads” to derail his health care legislation and threatening to strip the industry of its longstanding exemption from federal anti-trust laws.

In unusually harsh terms, Mr. Obama cast insurance companies as obstacles to change interested only in preserving their own “profits and bonuses” and willing to “bend the truth or break it” to stop his drive to remake the nation’s health care system. The president used his weekly radio and Internet address to push back against industry assertions that legislation will drive up premiums.

The transcript is much more blunt:

A new report for the Business Roundtable – a non-partisan group that represents the CEOs of major companies – found that without significant reform, health care costs for these employers and their employees will well more than double again over the next decade. The cost per person for health insurance will rise by almost $18,000. That’s a huge amount of money. That’s going to mean lower salaries and higher unemployment, lower profits and higher rolls of uninsured. It is no exaggeration to say, that unless we act, these costs will devastate the US economy.

This is the unsustainable path we’re on, and it’s the path the insurers want to keep us on. In fact, the insurance industry is rolling out the big guns and breaking open their massive war chest – to marshal their forces for one last fight to save the status quo. They’re filling the airwaves with deceptive and dishonest ads. They’re flooding Capitol Hill with lobbyists and campaign contributions. And they’re funding studies designed to mislead the American people.

Of course, like clockwork, we’ve seen folks on cable television who know better, waving these industry-funded studies in the air. We’ve seen industry insiders – and their apologists – citing these studies as proof of claims that just aren’t true. They’ll claim that premiums will go up under reform; but they know that the non-partisan Congressional Budget Office found that reforms will lower premiums in a new insurance exchange while offering consumer protections that will limit out-of-pocket costs and prevent discrimination based on pre-existing conditions. They’ll claim that you’ll have to pay more out of pocket; but they know that this is based on a study that willfully ignores whole sections of the bill, including tax credits and cost savings that will greatly benefit middle class families. Even the authors of one of these studies have now admitted publicly that the insurance companies actually asked them to do an incomplete job.