How States Can Respond to the AHCA: Using the McCarran-Ferguson Act

Document Type

Article

Publication Date

2017

Abstract

Congressional Republicans’ attempts to pass health reform legislation and President Trump’s threats to take actions that could destabilize state health insurance exchanges pose challenges for state-level policymakers. This essay explains how state governments could meet these challenges by using the authority granted them by the McCarran-Ferguson Act to levy “discriminatory” excise taxes on certain health insurance providers.

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