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Supreme Courts Clean Break Further Weakens ERISA Preemption of State Healthcare Regulation: Kentucky Association of Health Plans v. Miller

April 01, 2003

By Eric R. Keller & Laura E. Bandini

Continuing its trend of narrowing ERISA preemption of state healthcare regulation, the Supreme Court unanimously concluded earlier this month that ERISA does not prevent Kentucky from requiring health insurers and HMOs to accept any qualified doctor who wants to be a participating provider in the insurer’s or HMO’s managed care network. Kentucky Association of Health Plans v. Miller.Roughly half the states have these so-called “any willing provider laws.”