Statements by BCBSNC on the Record
Although the bill went down, there is a silver lining here. In public, unsworn testimony to a House committee, a high-ranking BCBSNC representative made the following key statements:
- BCBSNC has not enforced MFN clauses for several years.
- BCBSNC will remove these clauses from old contracts at a provider’s request.
- If a provider requests that an MFN clause be removed, there will be no retaliation from BCBSNC, such as a reduction in payments.
- BCBSNC is not using MFN clauses in new contracts, and does not plan to use them in future contracts.
You can listen to a recording of the committee meeting, which includes BCBSNC’s statements, here.
Other North Carolina health plans that supported the legislation (including Aetna, CIGNA and United HealthCare) have signaled that they also oppose the use of MFN clauses in provider contracts, and may be willing to remove them upon request.
Physicians and medical practices that hold network participation contracts with BCBSNC may be affected. As stated above, if an MFN clause exists in your contract, BCBSNC has indicated that the clause will be removed without penalty upon request.
PLEASE NOTE: Due to important legal limitations, the NCMS does not seek, and asks that you do not share, any specific information about your practice’s negotiated rates or the contractual terms that you have agreed to in your managed care contracts.