Kentucky's 'any-willing-provider' law: Supreme Court says ERISA does not pre-empt statute
Article Abstract:
The US Supreme Court unanimously ruled that the federal Employee Retirement Income Security Act (ERISA) does not pre-empt Kentucky's any-willing-provider law. Any willing provider laws force health insurers to accept any doctor who is willing to abide by their contractual requirements. Several HMOs challenged the law, saying it was pre-empted by ERISA. The Supreme Court disagreed, citing a clause in ERISA that allows state laws regulating insurance to remain in force.
Publication Name: Journal of the American Dental Association
Subject: Health
ISSN: 0002-8177
Year: 2003
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Licensing boards confront sexual misconduct: Consent may not be a defense
Article Abstract:
The legal issues pertaining to dentists' sexual misconduct with patients and the findings of some dental licensing boards faced with the issue are examined. Dentists should be aware that the possibility that a state licensing board would institute disciplinary action against them for engaging in sexual misconduct with a patient is high.
Publication Name: Journal of the American Dental Association
Subject: Health
ISSN: 0002-8177
Year: 2004
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HIV in the workplace: Workers' Compensation Act trumps privacy right in Kentucky court case
Article Abstract:
The Kentucky Workers' Compensation Act has been made strong by the judgment of The Supreme Court of Kentucky in Melo v. Barnett case. The Act had rules saying that employers should know the employees' medical status, which was agreed by the Court. Earlier, the Act won in a trial case also. The details of the case are discussed.
Publication Name: Journal of the American Dental Association
Subject: Health
ISSN: 0002-8177
Year: 2005
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