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Not Just Old Wine In New Bottles: Kentucky Ass'n Of Health Plans, Inc. V. Miller Bottles A New Test For State Regulation Of Insurance, Matthew G. Vansuch

Akron Law Review

For nearly two decades, the “regulating insurance” aspect of the savings clause was as confusing and convoluted as trying to distinguish between the casks of unlabeled barrels of old wine that all smelled horribly similar. Miller clarified the savings clause analysis by establishing a broad, two-step test for determining if a state law regulates insurance. However, the district courts have been sluggish in recognizing the differences between the tests. The Supreme Court did not even cite to or rely on Miller when it struck down Texas’ patient rights statute on the basis of ERISA preemption in Aetna Health Inc. v. …