U.S. Supreme Court Holds ERISA Does Not Preempt "Any Willing Provider" Laws
David L. Bacon of Thelen LLP
On April 2, 2000, the U.S. Supreme Court in Kentucky Ass'n of Health Plans v. Miller held unanimously that ERISA does not preempt Kentucky's "any willing provider" laws. The Kentucky statutes prohibit health maintenance organizations ("HMOs") and other health insurers from excluding from their provider networks any health care providers who agree to their participation terms.
To Preempt Or Not To Preempt? A New Approach To The Preemption Of Insurance Related Claims Under ERISA
Stanley A. Winikoff and Michael C. Hamilton of Swartz Campbell LLC
In defending or prosecuting claims involving business insurance policies, an issue that often arises is whether or not a cause of action founded upon a state law is pre-empted by the Employee Retirement Income Security Act of 1974 (ERISA). On April 2, 2003, the Supreme Court simplified the analysis to be used and reduced the scope of ERISA's preemptive powers by lowering the bar for claims to be classified as "related to the business of insurance".
New Jersey's Hint Bill Advances Administrative Simplification
Edward F. Shay of Saul Ewing LLP
The State of New Jersey has enacted S-323, legislation intended to promote and standardize electronic data interch.
Risk Retention Groups: Preemption of State Law
Richard S. Geiger of Thompson, Coe, Cousins & Irons, LLP
This article examines the impact of the preemption provisions contained in the Liability Risk Retention Act on the ability of states to regulate risk retention groups.
Effect of Outstanding ERISA liens on Minor Settlements
Richard N. Drake of Caudle & Spears, P.A.
Pursuant to regulations promulgated by the Commissioner of Insurance, North Carolina prohibits subrogation of benef.
Subrogating Fully-Insured ERISA and Non-ERISA Employee Welfare Benefit Plans
Elizabeth A. Co of Matthiesen, Wickert & Lehrer, S.C.
Two types of ERISA plans exist, the ?self-funded" or "unfunded" plan. If a plan is "self-funded", the employer pays the benefits directly through its general assets or through a trust fund established for that purpose. If a plan is "fully-insured", on the other hand, the employer does not pay the benefits, but rather, the employer purchases an insurance policy via the plan, and an insurance company pays the losses.