§ 23-99-1204. Prohibition — Most favored nation clause

(a) A contracting entity shall not:

1. (1) Offer to a healthcare provider a healthcare contract that includes a most favored nation clause;

2. (2) Enter into a healthcare contract with a healthcare provider that includes a most favored nation clause; or

3. (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. (1) A violation of this section is:

   1. (A) An unfair trade practice under § 23-66-206; and

   2. (B) Subject to the Trade Practices Act, § 23-66-201 et seq.

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