Kentucky Assn. of Health Plans v. Miller
Seven health maintenance organizations (HMOs) licensed under the laws of Kentucky filed this action against the Commissioner of the Kentucky Department of Insurance. The HMOs argued that Kentucky’s ”any willing provider” law should be preempted by the Employee Retirement Income Security Act of 1974 (ERISA), and sought injunctive relief from its enforcement. The district court denied the HMOs’ request for summary judgment and granted the Commissioner’s cross-motion for summary judgment, concluding that the Kentucky law was saved from preemption by ERISA because it ”regulated insurance” under ERISA's savings clause. The court of appeals affirmed.
Question Presented:
Whether Kentucky's ”any willing provider” law, which requires each HMO in the state to make available to its subscribers the services of any medical provider in its geographical region
that agrees to the terms and conditions offered by the HMO, is saved from preemption as a law that ”regulates insurance” under ERISA.
