1| STATE OF OKLAHOMA | | | 2| 2nd Session of the 60th Legislature (2026) | | | 3|HOUSE BILL 3259 By: Lepak | | | 4| | | | 5| | | | 6| AS INTRODUCED | | | 7| An Act relating to health insurance; providing | | definitions; prohibiting all-or-nothing, | 8| anti-steering, gag, or most favored nation clauses in | | contracts between providers and general contracting | 9| entities; prohibiting provider network contracts that | | include all-or-nothing, gag, or most favored nation | 10| clauses; prohibiting providers from amending or | | renewing contracts with all-or-nothing, | 11| anti-steering, gag, or most favored nation clauses; | | clarifying that all provider network contract | 12| all-or-nothing, anti-steering, gag, or most favored | | nation clauses are void and unenforceable; directing | 13| that general contracting entities should only | | encourage obtaining care services from particular | 14| providers if the enrollee is the primary beneficiary; | | providing for codification; and providing an | 15| effective date. | | | 16| | | | 17| | | | 18| | | | 19|BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: | | | 20| SECTION 1. NEW LAW A new section of law to be codified | | | 21|in the Oklahoma Statutes as Section 6070 of Title 36, unless there | | | 22|is created a duplication in numbering, reads as follows: | | | 23| A. As used in this act: | | | 24| | | | Req. No. 14014 Page 1 ___________________________________________________________________________
1| 1. "All-or-nothing clause" means a provision in a provider | | | 2|network contract that requires a general contracting entity to: | | | 3| a. include all members of a provider in a network plan, | | | 4| or | | | 5| b. enter into or maintain an additional contract with an | | | 6| affiliate of a provider as a condition of entering | | | 7| into a contract. | | | 8| 2. "Anti-steering clause" means a provision in a provider | | | 9|network contract that restricts the ability of a general contracting | | | 10|entity to encourage an enrollee to obtain a health care service from | | | 11|a competitor of the provider, including offering incentives to | | | 12|encourage enrollees to use specific providers; | | | 13| 3. "Gag clause" means a provision in a provider network | | | 14|contract that restricts the ability of a general contracting entity | | | 15|or provider to disclose: | | | 16| a. price or quality information, including the allowed | | | 17| amount, negotiated rates or discounts, fees for | | | 18| services, or other claim-related financial obligations | | | 19| included in the contract, to a governmental entity as | | | 20| authorized by law or its contractors or agents, an | | | 21| enrollee, a treating provider of an enrollee, a plan | | | 22| sponsor, or potential eligible enrollees and plan | | | 23| sponsors, or | | | 24| b. out-of-pocket costs to an enrollee; | | | Req. No. 14014 Page 2 ___________________________________________________________________________
1| 4. "General contracting entity" means a person who enters into | | | 2|a direct contract with a provider for the delivery of health care | | | 3|services to covered individuals regardless of whether the person, in | | | 4|the ordinary course of business, establishes a provider network for | | | 5|access by another party; and | | | 6| 5. "Most favored nation clause" means a provision in a provider | | | 7|network contract that: | | | 8| a. prohibits or grants an option to prohibit: | | | 9| (1) a provider from contracting with another general | | | 10| contracting entity to provide health care | | | 11| services at a lower rate, or | | | 12| (2) a general contracting entity from contracting | | | 13| with another provider to provide health care | | | 14| services at a higher rate, | | | 15| b. requires or grants an option to require: | | | 16| (1) a provider to accept a lower rate for health | | | 17| care services if the provider agrees with another | | | 18| general contracting entity to accept a lower rate | | | 19| for the services, or | | | 20| (2) a general contracting entity to pay a higher | | | 21| rate for health care services if the entity | | | 22| agrees with another provider to pay a higher rate | | | 23| for the services, | | | 24| | | | Req. No. 14014 Page 3 ___________________________________________________________________________
1| c. requires or grants an option to require termination | | | 2| or renegotiation of an existing provider network | | | 3| contract if: | | | 4| (1) a provider agrees with another general | | | 5| contracting entity to accept a lower rate for | | | 6| providing health care services, or | | | 7| (2) a general contracting entity agrees with a | | | 8| provider to pay a higher rate for health care | | | 9| services, or | | | 10| d. requires: | | | 11| (1) a provider to disclose the provider's | | | 12| contractual reimbursement rates with other | | | 13| general contracting entities, or | | | 14| (2) a general contracting entity to disclose the | | | 15| general contracting entity's contractual | | | 16| reimbursement rates with other providers. | | | 17| B. A provider may not: | | | 18| 1. Offer to a general contracting entity a provider network | | | 19|contract that includes an all-or-nothing, anti-steering, gag, or | | | 20|most favored nation clause; | | | 21| 2. Enter into a provider network contract that includes an | | | 22|all-or-nothing, gag, or most favored nation clause; or | | | 23| 3. Amend or renew an existing provider network contract | | | 24|previously entered into with a general contracting entity so that | | | Req. No. 14014 Page 4 ___________________________________________________________________________
1|the contract as amended or renewed adds or retains an | | | 2|all-or-nothing, anti-steering, gag, or most favored nation clause. | | | 3| C. Any provision in a provider network contract that is an | | | 4|all-or-nothing, anti-steering, gag, or most favored nation clause is | | | 5|void and unenforceable. The remaining provisions in the provider | | | 6|network contract remain in effect and are enforceable. | | | 7| D. A general contracting entity that encourages an enrollee to | | | 8|obtain a health care service from a particular provider, including | | | 9|offering incentives to encourage enrollees to use specific | | | 10|providers, has a fiduciary duty to the enrollee to engage in that | | | 11|conduct only for the primary benefit of the enrollee. | | | 12| SECTION 2. This act shall become effective November 1, 2026. | | | 13| | | | 14| 60-2-14014 MJ 11/19/25 | | | 15| | | | 16| | | | 17| | | | 18| | | | 19| | | | 20| | | | 21| | | | 22| | | | 23| | | | 24| | | | Req. No. 14014 Page 5