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in a unanimous decision, the justices rejected the argument of managed care organizations that that Kentucky’s any willing provider (AWP) statute is pre-empted by the federal Employee Retirement Income Security Act (ERISA). Kentucky’s law requires health insurers to open their networks to any health care provider willing to meet the conditions for participation. Kentucky Association of Health Plans v. Miller, No. 00-1471. Kentucky’s AWP prohibits “[a] health insurer [from] discriminat[ing] against any provider who is . . . willing to meet the terms and conditions for participation established by the . . . insurer.” The managed care organizations claim that the AWP law is pre-empted by the Employee Retirement Income Security Act of 1974 (ERISA), which pre-empts all state laws “insofar as they . . . relate to any employee benefit plan,” 29 U.S.C. 1144(a), but saves from pre-emption state “law[s] . . . which regulat[e] insurance.” § 1144(b)(2)(A). The justices held that Kentucky’s AWP law does regulate insurance. To come within ERISA’s savings clause the statute must affect the risk pooling arrangement between insurer and insured. Kentucky’s statute clearly does this by altering the scope of permissible bargains between insurers and insureds. Scalia delivered the court’s opinion.

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