McCarran Ferguson, the big insurers and YOU

Why are the insurance companies up in arms with revoking the unusual protection they operate under the McCarran Ferguson Act? I have been saying Congress needs to repeal this totally outdated and harmful piece of legislation for almost 10 years. All I get are blank looks from physicians who don’t understand what the fuss is all about. To read my article on Anti-Trust issues click: here
Please understand this important issue. I know our eyes tend to glaze over on legal topics but hang on! The courts have created exemptions by implied repeal, state action, and the Noerr-Pennington doctrine. Implied repeal is invoked when antitrust legislation is in direct conflict with existing federal statutes. Occasionally the state itself promulgates a policy or regulation that may not be in compliance with federal antitrust legislation. In this instance, the courts have ruled that the state action, under clearly enunciated rules, takes precedence. The Noerr-Pennington doctrine exempts activities related to influencing legislation by invoking the First Amendment of the Constitution, which guarantees freedom of speech and the right to petition the government. Congress created a fourth exemption when it passed the McCarran-Ferguson Act, which excuses the insurance industry under certain circumstances from antitrust legislation. The fifth exemption is for union and business– negotiated collective bargaining agreements. 
The McCarran–Ferguson Act (15 U.S.C. §§ 1011-1015) was passed by Congress in 1945 and exempts insurance companies from federal anti-trust legislation that applies to most businesses and allows state law to regulate the business of insurance without federal government interference. So, The Act MAY permit price fixing if state law allows ! It does not mean that insurers can use boycott, coercion, and intimidation but in effect by sharing data etc they are a monolith. 
Physicians and hospitals are fighting with one arm tied behind their backs. So, we are not allowed to do collective bargaining because of anti-trust laws but insurers can share information and essentially price fix services like in the now infamous Ingenix case I have covered here. Now, to be fair some insurance companies think federal regulations will be looser than state regulations. 
Comment: This revocation of the "MF" (!!) Act is probably one of the few GOOD things in the health reform bill.