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STATE OF OKLAHOMA
2nd Session of the 60th Legislature (2026)
HOUSE BILL 3259 By: Lepak
AS INTRODUCED
An Act relating to health insurance; providing
definitions; prohibiting all-or-nothing, anti-
steering, gag, or most favored nation clauses in
contracts between providers and general contracting
entities; prohibiting provider network contracts that
include all-or-nothing, gag, or most favored nation
clauses; prohibiting providers from amending or
renewing contracts with all-or-nothing, anti-
steering, gag, or most favored nation clauses;
clarifying that all provider network contract all-or-
nothing, anti-steering, gag, or most favored nation
clauses are void and unenforceable; directing that
general contracting entities should only encourage
obtaining care services from particular providers if
the enrollee is the primary beneficiary; providing
for codification; and providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 6070 of Title 36, unless there
is created a duplication in numbering, reads as follows:
A. As used in this act:
1. "All-or-nothing clause" means a provision in a provider
network contract that requires a general contracting entity to:
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a. include all members of a provider in a network plan,
or
b. enter into or maintain an additional contract with an
affiliate of a provider as a condition of entering
into a contract.
2. "Anti-steering clause" means a provision in a provider
network contract that restricts the ability of a general contracting
entity to encourage an enrollee to obtain a health care service from
a competitor of the provider, including offering incentives to
encourage enrollees to use specific providers;
3. "Gag clause" means a provision in a provider network
contract that restricts the ability of a general contracting entity
or provider to disclose:
a. price or quality information, including the allowed
amount, negotiated rates or discounts, fees for
services, or other claim-related financial obligations
included in the contract, to a governmental entity as
authorized by law or its contractors or agents, an
enrollee, a treating provider of an enrollee, a plan
sponsor, or potential eligible enrollees and plan
sponsors, or
b. out-of-pocket costs to an enrollee;
4. "General contracting entity" means a person who enters into
a direct contract with a provider for the delivery of health care
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services to covered individuals regardless of whether the person, in
the ordinary course of business, establishes a provider network for
access by another party; and
5. "Most favored nation clause" means a provision in a provider
network contract that:
a. prohibits or grants an option to prohibit:
(1) a provider from contracting with another general
contracting entity to provide health care
services at a lower rate, or
(2) a general contracting entity from contracting
with another provider to provide health care
services at a higher rate,
b. requires or grants an option to require:
(1) a provider to accept a lower rate for health care
services if the provider agrees with another
general contracting entity to accept a lower rate
for the services, or
(2) a general contracting entity to pay a higher rate
for health care services if the entity agrees
with another provider to pay a higher rate for
the services,
c. requires or grants an option to require termination or
renegotiation of an existing provider network contract
if:
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(1) a provider agrees with another general
contracting entity to accept a lower rate for
providing health care services, or
(2) a general contracting entity agrees with a
provider to pay a higher rate for health care
services, or
d. requires:
(1) a provider to disclose the provider's contractual
reimbursement rates with other general
contracting entities, or
(2) a general contracting entity to disclose the
general contracting entity's contractual
reimbursement rates with other providers.
B. A provider may not:
1. Offer to a general contracting entity a provider network
contract that includes an all-or-nothing, anti-steering, gag, or
most favored nation clause;
2. Enter into a provider network contract that includes an all-
or-nothing, gag, or most favored nation clause; or
3. Amend or renew an existing provider network contract
previously entered into with a general contracting entity so that
the contract as amended or renewed adds or retains an all-or-
nothing, anti-steering, gag, or most favored nation clause.
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C. Any provision in a provider network contract that is an all-
or-nothing, anti-steering, gag, or most favored nation clause is
void and unenforceable. The remaining provisions in the provider
network contract remain in effect and are enforceable.
D. A general contracting entity that encourages an enrollee to
obtain a health care service from a particular provider, including
offering incentives to encourage enrollees to use specific
providers, has a fiduciary duty to the enrollee to engage in that
conduct only for the primary benefit of the enrollee.
SECTION 2. This act shall become effective November 1, 2026.
60-2-14014 MJ 11/19/25