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

6 Pages Posted: 9 Aug 2017 Last revised: 22 Nov 2017

See all articles by David Gamage

David Gamage

Indiana University Maurer School of Law

Darien Shanske

University of California, Davis - School of Law

Date Written: July 24, 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.

Keywords: health care, health care reform, state tax, dormant commerce clause, McCarran-Ferguson Act

JEL Classification: K34, K32, I11, I13

Suggested Citation

Gamage, David and Shanske, Darien, How States Can Respond to the AHCA: Using the Mccarran-Ferguson Act (July 24, 2017). State Tax Notes, Vol. 85, No. 4, 2017; Indiana Legal Studies Research Paper No. 384. Available at SSRN: https://ssrn.com/abstract=3014915

David Gamage (Contact Author)

Indiana University Maurer School of Law ( email )

211 S. Indiana Avenue
Bloomington, IN 47405
United States

HOME PAGE: http://www.law.indiana.edu/about/people/bio.php?name=gamage-david

Darien Shanske

University of California, Davis - School of Law ( email )

400 Mrak Hall Dr
Davis, CA CA 95616-5201

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