Project Description
Publication
“Do State Bans of Most-Favored-Nation Contract Clauses Restrain Price Growth? Evidence From Hospital Prices”
Daniel R. Arnold, Katherine L. Gudiksen, Jaime S. King, Brent D. Fulton, Richard M. Scheffler
May 11, 2022
Most-favored-nation (MFN) contract clauses have recently garnered attention from both Congress and state legislatures looking for ways to curtail market power abuses in health care and rein in prices. In health care, a typical MFN contract clause is stipulated by the insurer and requires a health care provider to grant the insurer the lowest (i.e., the most-favored) price among the insurers it contracts with. As of August 2020, 20 states restrict the use of MFN clauses in health care contracts (19 states ban their use in at least some health care contracts), with 8 states prohibiting their use between 2010 and 2016.
Source Sightings
Antitrust’s Healthcare Conundrum: Cross-Market Mergers and the Rise of System Power
Jaime King, Alex Montague, Tim Greaney et al.
Forthcoming May 2023
Challenging Anticompetitive Cross-Market Health Mergers
Jaime King, Alex Montague, Tim Greaney
January 19, 2023
American Bar Association 2022 Antitrust Fall Forum
Katie Gudiksen
November 17, 2022
The Rise Of Cross-Market Hospital Systems And Their Market Power In The US
Jaime King, Alex Montague, Tim Greaney et al.
November 7, 2022
Taming Health Insurance Costs for Employers and Employees
Katie Gudiksen
October 27, 2022
Options for states to constrain pricing power of health care providers
Katie Gudiksen & Robert Murray
October 19, 2022