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.
Recommended Citation
David Gamage and Darien Shanske,
How States Can Respond to the AHCA: Using the McCarran-Ferguson Act, 85 State Tax Notes 367
(2017).
Available at: https://scholarship.law.missouri.edu/facpubs/1147