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KENTUCKY ASSN. OF HEALTH PLANS, INC. v. MILLER

No. 00-1471.

538 U.S. 329 (2003)

123 S.Ct. 1471

155 L.Ed.2d 468

KENTUCKY ASSOCIATION OF HEALTH PLANS, INC., ET AL. v. MILLER, COMMISSIONER, KENTUCKY DEPARTMENT OF INSURANCE

Supreme Court of United States.

Decided April 2, 2003.

Attorney(s) appearing for the Case

Robert N. Eccles argued the cause for petitioners. With him on the brief were Karen M. Wahle, Jonathan D. Hacker, and Barbara Reid Hartung.

Elizabeth A. Johnson argued the cause for respondent. With her on the brief were Julie Mix McPeak and William J. Nold.

James A. Feldman argued the cause for the United States as amicus curiae urging affirmance. With him on the brief were Acting Solicitor General Clement, Deputy Solicitor General Kneedler, Howard M. Radzely, Allen H. Feldman, Nathaniel I. Spiller, and Gary K. Stearman.*

JUSTICE SCALIA delivered the opinion of the Court.

Kentucky law provides that "[a] health insurer shall not discriminate against any provider who is located within the geographic coverage area of the health benefit plan and who is willing to meet the terms and conditions for participation established by the health insurer, including the Kentucky state Medicaid program and Medicaid partnerships." Ky. Rev. Stat. Ann. §...

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