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

(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.

(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.

(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.

(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.