Arkansas Code of 1987 (2023)
Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105)
Subtitle 3 - INSURANCE (§§ 23-60-101 — 23-103-417)
Chapter 99 - HEALTH CARE PROVIDERS (§§ 23-99-201 — 23-99-1802)
Subchapter 12 - HEALTHCARE CONTRACTING SIMPLIFICATION ACT (§§ 23-99-1201 — 23-99-1210)
Section 23-99-1204 - Prohibition - Most favored nation clause

Universal Citation:
AR Code § 23-99-1204 (2023)
Learn more This media-neutral citation is based on the American Association of Law Libraries Universal Citation Guide and is not necessarily the official citation.

  • (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.

Added by Act 2019, No. 734,§ 1, eff. 7/24/2019.


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