[20030730]RS21461_医疗事故责任保险与麦卡伦-弗格森法案.pdf

Congressional Research Service The Library of CongressCRS Report for CongressReceived through the CRS WebOrder Code RS21461Updated July 30, 2003Medical Malpractice Liability Insurance andthe McCarran-Ferguson ActRawle O. KingAnalyst In Industry EconomicsGovernment and Finance DivisionSummaryVolatility in prices and availability of medical malpractice liability insurance andallegations that insurance companies may have colluded in raising current rates arereceiving attention from policymakers. As a result, Congress is considering the antitrustexemption for the business of insurance provided under the McCarran-Ferguson Act of1945. Historically, insurers have relied on the Acts limited exemption from federalantitrust law to engage in cooperative activities that allow them to identify and measurerisk, including joint collection, sharing, and analysis of loss cost data, and developmentof standardized policy forms. Much of the policy debate concerns whether narrowingthe exemption from antitrust law would alleviate or aggravate the current problem ofhigh premiums and insurance coverage availability. During the 108th Congress, several bills H.R. 448, H.R. 1116, and S. 352 have been introdu