Thompson Publishing provides a very good article discussing the implications of the U.S. Supreme Court case Kentucky Association of Health Plans, Inc. v. Miller, 123 S.Ct. 1471 (S Ct., April 2, 2003) which ruled that a state’s any-willing-provider (AWP) laws are not preempted by ERISA. The article discusses the possible fallout from the case and predicts that states will now be free to enact laws regulating TPAs and other service providers under the guise of “insurance” regulation.
Another article for Thompson Publishing authored by Joseph Adams, Esq., of Deloitte & Touche, LLP, discusses the recent trend of companies seeking to meet their funding obligations of defined benefit plans with in-kind contributions of stock and the exemptions being contemplated for such transactions by EBSA.