Number: RS21497
Title: Reconciling McCarran-Ferguson (Insurance) Case Law and ERISA Preemption: Kentucky Assn of Health Plans, Inc. v. Miller
Authors: Janice E. Rubin, American Law Division 
Abstract: In Kentucky Assn of Health Plans, Inc. v. Miller, the Supreme Court ruled that Kentuckys any willing provider statutes, which mandate that health plans and health insurers may not exclude from their networks any health-care providers that agree to the plans participation terms, are not preempted by ERISA; as statutes that regulate and are specifically directed toward the insurance industry they are exempted from such preemption by the savings clause in ERISA, which precludes preemption for state laws that regulateinsurance, banking, or securities.
Pages: 3
Date: January 6, 2005