Co-authored by Mr Robert L. Bronston & Mr Andrew H. Schapiro
The Supreme Court granted certiorari in five cases of potential interest to the business community, two of which have been consolidated. Amicus briefs in support of the petitioners are due on Monday, August 12, 2002, and amicus briefs in support of the respondents are due on Wednesday, September 11, 2002.
1. ERISA - Statutory Preemption - Any Willing Provider Statutes.
The Employee Retirement Income Security Act of 1974 ("ERISA") preempts state laws that "relate to" an ERISA-governed employee benefit plan. 29 U.S.C. § 1144(a). Any state law that "regulates insurance," however, is expressly exempt from preemption. Id. § 1144(b)(2)(A). The Supreme Court granted certiorari in Kentucky Assoc. of Health Plans, Inc. v. Miller, No. 00-1471, to determine whether ERISA preempts state "any willing provider" ("AWP") statutes, which require health insurers to allow any provider to join the insurer's list of participating providers
