Supreme court to rule on AWP laws

February 1, 2003

Washington, D.C. - The high court heard arguments last month in a case(Kentucky Association of Health Plans vs. Miller) charging that a Kentuckystate any-willing-provider (AWP) law violates the Employee Retirement IncomeSecurity Act (ERISA). Kentucky insurers urged the Supreme Court to overturna lower court decision that the state law regulates insurance and thus isnot subject to the ERISA preemption. The managed care community maintainsthat the proliferation of AWP laws is undermining their ability to controlcosts and hopes that the U.S. Supreme Court will issue a strong ruling thisspring to curb this trend.