Business of Insurance : Preemption

Business of Insurance

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".