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H.R. 372, Competitive Health Insurance Reform Act of 2017 1 (March 10, 2017)

handle is hein.congrec/cbo3356 and id is 1 raw text is: 




                  CONGRESSIONAL BUDGET OFFICE
                             COST ESTIMATE

                                                                   March  10, 2017



                                   H.R.   372
             Competitive   Health  Insurance   Reform   Act  of 2017

    As ordered reported by the House Committee on Judiciary on February 28, 2017


Under current law, some activities of companies that provide health insurance are exempt
from certain federal antitrust laws if the companies are engaged in the business of
insurance and are regulated at the state level. H.R. 372 would remove that exemption and
subject such businesses to federal antitrust laws, but would retain the antitrust exemption
for certain collaborative activities between health insurance businesses.

Based on an analysis of information from the Federal Trade Commission (FTC) about the
commission's current enforcement capabilities, CBO estimates that implementing
H.R. 372 would increase costs by less than $500,000 for the FTC and the Department of
Justice (DOJ) to enforce the expanded antitrust laws. Such spending would be subject to
the availability of appropriated funds.

H.R. 372 could affect the size and costs of premiums charged by private health and dental
insurance companies, but those effects would probably be quite small. Changes in health or
dental insurance premiums can affect federal revenues because of the favorable tax
treatment that is accorded to employment-based coverage under current law. Premiums
might be lower to the extent that enacting the bill would prevent insurers from engaging in
practices currently exempted from antitrust law. (That effect would probably be small
because the range of insurer practices that fall under the antitrust exemption is narrow and
such practices are subject to state regulation.) On the other hand, insurers could become
subject to additional litigation and thus their costs and premiums might increase. Based on
information from the National Association of Insurance Commissioners, the FTC, and
DOJ, CBO   estimates that both of those effects would be small. Thus, enacting the bill
would have no significant net effect on the premiums that private insurers would charge for
health or dental insurance and any effect on federal revenue would be negligible.

Because those prosecuted and convicted under H.R. 372 could be subject to criminal fines,
federal collections may increase. Criminal fines are recorded as revenues, deposited in the
Crime Victims Fund, and later spent without further appropriation action; therefore,
pay-as-you-go procedures apply. CBO expects that any additional revenues and
subsequent direct spending would not be significant because the legislation would
probably affect only a small number of cases.

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