Browse Arkansas Code titles and sections
23-99-1204. Prohibition — Most favored nation clause.
Arkansas Code — all titles (historical 2020) · legal_authorities
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.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 23-99-1204
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.
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Record provenance
Stable record: arkansas_code:legal_authorities:23-99-1204
Source file: gov.ar.code.title.23.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 1112b52b00755b85f5d7ba8feed48d7d6831ec53638852deb4239385c48f25de
Source location: content.xml paragraph 59934
Stored source content
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.
Cross-references
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Arkansas Code — all titles (historical 2020) · legal_authorities
23-66-201. Title.
This subchapter may be referred to as the “Trade Practices Act”.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 23-66-201
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 23-66-201. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
23-66-206. Unfair methods of competition and unfair or deceptive acts or practices defined.
The following are defined as unfair methods of competition and unfair or deceptive acts or practices in the business of insurance:
(1) “Boycott, coercion, and intimidation” means entering into any agreement to commit or, by any concerted action, committing any act of boycott, coercion, or intimidation resulting in or tending to result in unreasonable restraint of, or monopoly in, the business of insurance;
(2) “Churning of business” means a situation in which the licensee replaces an existing policy of life insurance or accident and health insurance, or both, and that replacement is:
(A) Not in accordance with § 23-66-307; or
(B) Without objective demonstration by the licensee of the purpose of replacing the policy for the benefit and betterment of the insured;
(3) “Defamation” means making, publishing, disseminating, or circulating, directly or indirectly, or aiding, abetting, or encouraging the making, publishing, disseminating, or circulating of any oral or written statement or of any pamphlet, circular, article, or literature that is false or maliciously critical of or derogatory to the financial condition of any person and that is calculated to injure that person;
(4)(A) “Failure to maintain complaint handling procedures” means failing to adopt and implement reasonable standards for the prompt handling of complaints received by the person from insureds or claimants, or from the Insurance Commissioner on behalf of insureds or claimants, and failing to keep a record of the complaints received.
(B) A complete complaints register of all complaints that the person has received shall be maintained for the current year plus five (5) calendar years. This complaints re
Source: Arkansas Code — historical release 78 (November 6, 2020) · 23-66-206
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 23-66-206. This identifies an authority to review, not proof of applicability.