Arkansas Code
Subchapter 12 - Healthcare Contracting Simplification Act
§ 23-99-1204. Prohibition — Most favored nation clause

(a) A contracting entity shall not:
(1) Offer to a healthcare provider a healthcare contract that includes a most favored nation clause;
(2) Enter into a healthcare contract with a healthcare provider that includes a most favored nation clause; or
(3) Amend or renew an existing healthcare contract previously entered into with a healthcare provider so that the contract as amended or renewed adds or continues to include a most favored nation clause.

(b)
(1) A violation of this section is:
(A) An unfair trade practice under § 23-66-206; and
(B) Subject to the Trade Practices Act, § 23-66-201 et seq.

(2) If a healthcare contract contains a provision that violates this section, the healthcare contract is void.

Structure Arkansas Code