Freedom of contract

  1. Law
  2. Arkansas Code
  3. Public Utilities and Regulated Industries
  4. Insurance
  5. Healthcare Providers
  6. Healthcare Contracting Simplification Act
  7. Freedom of contract

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  1. (a) A contracting entity shall not, directly or indirectly, offer or enter into a healthcare contract that:

    1. (1) Prohibits a participating healthcare provider from entering into a healthcare contract with another contracting entity; or

    2. (2) Prohibits a contracting entity from entering into a healthcare contract with another healthcare provider.

  2. (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.


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