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Injunction lifted against any-willing-provider law

Health plans appealed the ruling, but Arkansas officials are optimistic that the 1995 measure will withstand the challenge.

By Tanya Albert, amednews staff. March 15, 2004.

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Physicians in Arkansas who have been blocked from joining health plan networks in the past are being encouraged to start the application process again.

U.S. District Judge James Moody in the Eastern District of Arkansas in February lifted an injunction against the state's any-willing-provider law, which requires health plans to include on their panels any physician who meets their requirements.

Arkansas health plans challenged the ruling. They argue that the federal Employee Retirement Income Security Act should preempt the state law. Opening health plan networks to include all doctors would increase costs, they say. The 8th U.S. Circuit Court of Appeals is considering their request.

"I know that the legal fight over this law is not over," said Arkansas Attorney General Mike Beebe. "However, with the strength of our position reinforced by Judge Moody's order, I'm encouraged that our any-willing-provider law will withstand any continued legal challenges."

The Arkansas Medical Society is encouraging physicians to request health plan applications now because Arkansas law gives insurers 180 days to process applications.

"We expect a court decision sooner rather than later, and physicians would have the process under way," said David Wroten, AMS assistant executive vice president.