TITLE 41

INSURANCE

CHAPTER 34

HOSPITAL AND PROFESSIONAL SERVICE CORPORATIONS

41-3443.  Best price — Most favored nations clause prohibited. No service corporation may require, as an element of any service agreement, that any licensee or hospital agree:

(1)  To the unnegotiated adjustment by the service corporation of the licensee’s or hospital’s contractual reimbursement rate to equal the lowest reimbursement rate the licensee or hospital has agreed to charge any other payor;

(2)  To a requirement that the licensee or hospital adjust, or enter into negotiations to adjust, their charges to the service corporation if the licensee or hospital agrees to charge another payor lower rates; or

(3)  To a requirement that the licensee or hospital disclose his, her or its contractual reimbursement rates from other payors.

History:

[41-3443, added 1998, ch. 422, sec. 3, p. 1334.]