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Kentucky Assoc. of Health Plans, Inc. v. Miller January 14, 2003 (00-1471) return to case listing Case Summary In 1994, the Kentucky Health Care Reform Act was passed. One part of this legislation, the "any willing provider" provision, states that a health insurer "shall not discriminate against any provider who is located within the geographic coverage area of the health benefit plan and is willing to meet the terms and conditions for participation established by the health benefit plan." In April 1997, several HMOs filed suit claiming that the "any willing provider" provision should be invalidated because it is preempted by ERISA. The district court ruled that the Kentucky statute was not preempted by ERISA because the statute regulated insurance rather than employment benefit plans. The U.S. Court of Appeals for the Sixth Circuit affirmed, holding that the state regulatory scheme was aimed specifically at the insurance industry and, as a result, fell under ERISAÕs saving clause. The opinion of the Sixth Circuit is found at 227 F. 3d 352. To see the opinion of the lower court, click here. PREDICTED OUTCOME ACTUAL OUTCOME Forecasting Model Expert One Expert Two Expert Three 5-4 to Affirm 6-3 to Affirm 6-3 to Reverse 6-3 to Affirm 9-0 to Affirm VOTING TO REVERSE O'Connor Souter Ginsburg Breyer Rehnquist Scalia Thomas Rehnquist O'Connor Scalia Kennedy Thomas Breyer Rehnquist Scalia Thomas VOTING TO AFFIRM Rehnquist Stevens Scalia Kennedy Thomas Stevens O'Connor Kennedy Souter Ginsburg Breyer Stevens Souter Ginsburg Stevens O'Connor Kennedy Souter Ginsburg Breyer Rehnquist Stevens O'Connor Scalia Kennedy Souter Thomas Ginsburg Breyer return to case listing