How States Can Respond to the AHCA: Using the Mccarran-Ferguson Act
6 Pages Posted: 9 Aug 2017 Last revised: 22 Nov 2017
Date Written: July 24, 2017
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: Suggested Citation