An Oscar Health lawsuit alleging Florida Blue's broker policy is anticompetitive shouldn't be dismissed based on the McCarran-Ferguson Act, according to the Department of Justice.
In a statement of interest obtained by the Daily Business Review, the Justice Department said the McCarran-Ferguson Act, which exempts insurance business from most federal regulation, should not be used as a basis to dismiss the case.
Oscar Health sued Florida Blue in November 2018 over its exclusive broker policy, which Oscar argues excludes insurance brokers who work with Florida Blue from selling policies of other insurers. Oscar claimed that Florida Blue's policy — coupled with its market dominance — allows the insurer to effectively operate as a monopoly.