AWP Decision Seen Aiding Cause Of State Regulation
In the wake of the unanimous Supreme Court decision on Kentuckys any willing provider law that established a new test for determining whether state law regulates insurance, state officials say a review of state laws will need to begin. (See NU, April 7.)
Following the courts decision in Kentucky Association of Health Plans v. Miller, officials say the review could determine the extent to which the Employee Retirement Income Security Act could be used to preempt state laws in the future.
“States will have to review their laws on a case-by-case basis” because the decision is very “statutory specific,” says Elizabeth Johnson, counsel for the Kentucky insurance department, who argued the case before the high court.
Johnson told National Underwriter that Justice Ruth Bader Ginsburg sought more information about including a law in the insurance code. The point being, Johnson says, that entities governed by the law have to be in the insurance business.