302
Opinion of the Court
administrative regime, and that insurers, too, have relied on RICO when they were the fraud victims. Pp. 311-314.
114 F. 3d 1467, affirmed.
Ginsburg, J., delivered the opinion for a unanimous Court.
James W. Colbert III argued the cause for petitioners. With him on the briefs were Robert N. Eccles, Linda J. Smith, Neil K. Gilman, and Dennis L. Kennedy.
G. Robert Blakey argued the cause for respondents. With him on the brief was J. Randall Jones.
Deputy Solicitor General Wallace argued the cause for the United States as amicus curiae urging affirmance. With him on the brief were Solicitor General Waxman, Assistant Attorney General Hunger, Jeffrey A. Lamken, Anthony J. Steinmeyer, and Howard S. Scher.*
Justice Ginsburg delivered the opinion of the Court. This case concerns regulation of the business of insurance by the States, as secured by the McCarran-Ferguson Act, 59 Stat. 33, as amended, 15 U. S. C. § 1011 et seq., and the extent to which federal legislation, specifically, the Racketeer Influenced and Corrupt Organizations Act (RICO), 18 U. S. C. § 1961 et seq., is compatible with state regulation. The controversy before us stems from a scheme employed by petitioner Humana Health Insurance of Nevada, Inc. (Humana Insurance), a group health insurer, to gain discounts for hospital services which the insurer did not disclose and pass on to its policy beneficiaries. The scheme is alleged to violate both Nevada law and RICO. Under the McCarran*James F. Fitzpatrick and Nancy L. Perkins filed a brief for the Alliance of American Insurers et al. as amici curiae urging reversal.
Briefs of amici curiae urging affirmance were filed for the National Association of Insurance Commissioners by Gregory B. Stites; for the National Fair Housing Alliance by Stephen Mark Dane; for Trial Lawyers for Public Justice, P. C., by Sarah Posner; for United Policyholders by Eugene R. Anderson and John A. MacDonald; and for Betty Cordial et al. by Ellen G. Robinson and Peter G. Gallanis.
Franklin G. Burt filed a brief for the Consumer Credit Insurance Association as amicus curiae.
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