§ 26.1-49-08 — Prohibited practices - Penalty

1. It is unlawful for any person, company, or corporation or any agent, officer, or
employee thereof, to coerce or require any person to agree, either in writing or orally,
not to join or become or remain a member of any health provider cooperative as a
condition of securing or retaining a contract for health care services with the person,
firm, or corporation.
2. It is unlawful for any person, company, or corporation, or any combination of persons,
companies, or corporations, or any agents, officers, or employees thereof, to engage
in acts of coercion, intimidation, or boycott of, or any refusal to deal with, any health
care providing entity arising from that entity's actual or potential participation in a
health provider cooperative.
3. It is unlawful for any health provider cooperative to engage in any acts of coercion,
intimidation, or boycott of, or any concerted refusal to deal with any health plan
company seeking to contract with the cooperative on a competitive, reasonable, and
nonexclusive basis.
4. It is unlawful for any health provider cooperative to refuse membership to any licensed
health care provider or organization that applies for membership and that otherwise
agrees to the membership requirements of the health provider cooperative.
5. Any person violating subsections 1 through 4 is deemed to have committed a violation
of chapter 51-08.1 and is subject to the provisions, procedures, and penalties of that
chapter.