Supreme Court of the United States

Kentucky Association of Health Plans, Inc. v. Miller

April 2, 2003538 U.S. 329

Summary

The Court affirmed the Sixth Circuit, holding that Kentucky's 'Any Willing Provider' statutes are saved from ERISA pre-emption because they regulate insurance. The Court established a two-part test for determining whether a state law regulates insurance under ERISA's saving clause and explicitly rejected the use of McCarran-Ferguson factors as essential components of this inquiry.