Blue Cross/Blue Shield of Transylvania (BCBST) has presented the managed care contract to Jones Medical Group (Jones) containing the most favored nations clause. Perticularly, clause requires which Jones not to “charge fees to BCBST higher than fees Jones accepts from any other non-governmental group, group plan or panel.” These clauses are enforceable in some states and unenforceable in others. Explain pros and cons of enforceability applying knowledge you have obtained from course. Particularly apply managed care and contract law concepts and principles to fact pattern.
