Ohio § 3963.11

§ 3963.11.

(A) No contracting entity shall do any of the following: (1) Offer to a provider a health care contract that includes a most favored nation clause; (2) Enter into a health care contract with a provider that includes a most favored nation

clause; (3) Amend or renew an existing health care contract previously entered into with a provider

so that the contract as amended or renewed adds or continues to include a most favored

nation clause. (B) As used in this section: (1) “Contracting entity,” “health care contract,” “health care services,” “participating

provider,” and “provider” have the same meanings as in section 3963.01 of the Revised Code . (2) “Most favored nation clause” means a provision in a health care contract that does

any of the following: (a) Prohibits, or grants a contracting entity an option to prohibit, the participating

provider from contracting with another contracting entity to provide health care services

at a lower price than the payment specified in the contract; (b) Requires, or grants a contracting entity an option to require, the participating

provider to accept a lower payment in the event the participating provider agrees

to provide health care services to any other contracting entity at a lower price; (c) Requires, or grants a contracting entity an option to require, termination or renegotiation

of the existing health care contract in the event the participating provider agrees

to provide health care services to any other contracting entity at a lower price; (d) Requires the participating provider to disclose the participating provider's contractual

reimbursement rates with other contracting entities.