GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 2009

H                                                                                                                                                    1

HOUSE JOINT RESOLUTION 2004

Sponsors:	Representatives Insko;  England, Faison, Glazier, and Harrison.
Referred to:	Health, if favorable, Rules, Calendar, and Operations of the House.

May 26, 2010

A JOINT RESOLUTION authorizing the joint legislative Health care oversight committee to study the use and effect of "most favored nation" clauses in contracts between insurers and health care providers in North Carolina, and in other states.

Be it resolved by the House of Representatives, the Senate concurring:

SECTION 1.  The Joint Legislative Health Care Oversight Committee (Committee) may study the use of "Most Favored Nation" (MFN) clauses in contracts between insurers and health care providers in North Carolina. In conducting the study, the Committee should consider:

(1)        The extent to which MFN clauses are included in contracts between insurers and health care providers in our State, and in the nation as a whole.

(2)        The most common forms and elements of MFN clauses included in contracts between insurers and health care providers.

(3)        The effect that inclusion of MFN clauses in contracts between insurers and health care providers has on health care, the health care marketplace, and health care costs, in our State.

(4)        The effect that prohibiting the use of MFN clauses in contracts between insurers and health care providers has had in those states that have prohibited their use.

(5)        Any other issue relating to the use or prohibition of MFN clauses in contracts between insurers and health care providers that the Committee deems appropriate.

SECTION 2.  The Committee may make an interim report to the 2011 General Assembly, and shall make its final report to the 2011 General Assembly, Regular Session 2012.

SECTION 3.  This resolution is effective upon ratification.