manner,” the Coalition asserted. “ McCarran-Ferguson was enacted, in part, to facilitate the pro-compet-itive pooling of historical loss cost data necessary to all insurers for sound underwriting, residual market mechanisms, risk pools, and a number of other areas in which the Congress and the states have agreed promote competition. Without this data, many medical liability insurers

may be forced to leave the market, which will not only impact doctors and hospitals, but also many other types of health care providers that rely on access to a competitive medical liability insurance market.

The Coalition noted that doctor-owned mutual insurers – set up in response to past availability and affordability crises – would be hurt.

“But without the availability of aggregate loss information and analysis, the doctor-owned medical malpractice insurers would not have been able to enter the business when they were so sorely needed,” they said. “At a time when Americans are calling on their government to get health care costs under control, this legislation could increase those costs and ultimately create another medical liability availability crisis.”

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