Kentucky’s “Any Willing Provider” Law and ERISA: Implications of the Supreme Court’s Decision for State Health Insurance Regulation

In a case that helps to define state authority to regulate health insurance, the U.S. Supreme Court held in April 2003 that ERISA (the federal Employee Retirement Income Security Act of 1974) does not preempt Kentucky's Any Willing Provider (AWP) law. This Issue Brief outlines ERISA preemption principles, explains the Supreme Court's opinion, and discusses the ruling’s implications for state laws regulating Health Maintenance Organizations (HMOs) and other health insurers.