Nebraska Sen. Ben Nelson, a conservative Democrat, apparently succeeded in getting language removed from the Senate health care bill that would have repealed the limited antitrust exemption under the McCarran-Ferguson Act for health insurers, according to press reports. Sen. Nelson reportedly extracted that concession from the Democratic leadership before voting in favor of a cloture motion allowing the bill to be debated on the Senate floor. The cloture vote was approved 60-39 by the Senate on Saturday November 21. Ohio Sen. George Voinovich (R) did not vote, but had said he opposed cloture. The antitrust provision is included in the House bill.

As a former insurance company executive, state insurance commissioner and official of the National Association of Insurance Commissioners (NAIC), Nelson opposes ending health insurers’ decades-old exemption from federal antitrust laws.

Meanwhile, health insurance representatives say they are concerned lawmakers may still move to amend health care legislation on the Senate floor to include a repeal of their industry’s antitrust exemption. And there is another possible scenario under which repeal could happen: instead of addressing antitrust in the health care bill, a separate bill could advance on its own. The House Judiciary Committee reported out its version of the Health Insurance Industry Antitrust Enforcement Act of 2009 (H.R. 3596) which has 19 co-sponsors, while the Senate Judiciary Committee held hearings on its version (S. 1681) which has 18 co-sponsors.

November 24, 2009