Katherine L. Gudiksen, Erin Fuse Brown, and Johanna Butler
April 12, 2021
Rampant consolidation in nearly every state has created dominant health care systems that can use anticompetitive contracting practices to charge supracompetitive prices, especially to commercial insurance plans. The Source Senior Health Policy Researcher Katie Gudiksen, with Erin Fuse Brown and Johanna Butler, co-authored the NASHP model legislation
for states to rein in the use of these contract terms, including all-or-nothing, most-favored nation, anti-steering/anti-tiering, and gag clauses.
A companion report, A Tool for States to Address Health Care Consolidation: Prohibiting Anticompetitive Health Plan Contracts, further details the contract terms and how the model act can give states essential tools to create a more level playing field and help rein in rising health care costs.
For more information and details on the anticompetitive contract terms, visit the Source Provider Contracts interactive key issue page.