NU Online News Service, Dec.1, 4:04 p.m.EST

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WASHINGTON–Sen. Patrick Leahy, D-Vt., said an amendmentto repeal the antitrust exemption that exists for health andmedical malpractice insurers will be offered during action onproposed health care reform legislation.

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It is unclear when a vote will be held on whether to eliminatethe antitrust protection offered those insurers under theMcCarran-Ferguson Act.

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The bill with the amendment to eliminate the antitrustexemption, S. 1681, was introduced in September by Sen. Leahy andSen. Harry Reid, D-Nev., Senate majority leader. It has 17co-sponsors, all Democrats except for Sen. Joe Lieberman,Ind.-Conn.

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"This amendment will prohibit the most egregious anticompetitiveconduct–price-fixing, bid-rigging and market allocations–conductthat harms consumers, raises health care costs and for which thereis no justification," Sen. Leahy said.

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"Subjecting health and medical malpractice insurance providersto the antitrust laws will enable customers to feel confident thatthe price they are being quoted is the product of a fairmarketplace," he added.

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The provision is a simple repeal of the antitrustprotection.

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House health care reform legislation contains provisions thatare more extensive, including language that provides expressenforcement authority to the Federal Trade Commission with respectto "unfair methods of competition," according to officials of theAmerican Insurance Association.

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That would include oversight of property and casualty and lifeinsurance products.

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Regarding the limited Senate bill, Sen. Leahy said it issupported by the Consumer Federation of America, the AmericanHospital Association, the American Academy of Pediatrics and theAmerican Dental Association. He said the attorneys general of 10states sent him a letter in November indicating strong support forthe measure.

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"The lack of affordable health insurance plagues familiesthroughout our country, and this amendment is a first step towardensuring that health insurers and medical malpractice insurers aresubject to fair competition," Sen. Leahy said.

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It is unclear when the amendment will come up for debate. Debateon the health care bill began Nov. 30. Sen. Reid said Monday instarting debate on the bill that he will do everything he can toensure its passage through the Senate by Christmas.

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He said the Senate could face late-night and full-weekendsessions to pass the overhaul. Reid spokesman Rodell Mollineaufollowed up by saying that Senate Democrats are "100 percentcommitted to getting this done by Christmas, no ifs, ands orbuts."

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