State Law

Arkansas Code-Title 23-Subtitle 3-Chapter 99-Subchapter 12. Healthcare Contracting Simplification Act

07/28/2023 Arkansas Section 23-99-1204

Prohibition-Most favored nation clause

Most Favored Nation

(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.