Interference with Contractual Relations. Provider will not engage in activities that would cause Company to lose existing or potential Members, including but not limited to, advising Company customers, Payers or other entities currently under contract with Company to cancel, or not renew their contracts. Except as required under this Agreement or by a governmental authority or court of competent jurisdiction, Provider will not use or disclose to any third party, membership lists acquired during the term of this Agreement including, but not limited to, for the purpose of soliciting individuals who were or are Members or otherwise to compete with Company. Nothing in this section is intended or will be deemed to restrict: (a) any communication between Provider and a Member, or a party designated by a Member, that is determined by Provider to be necessary or appropriate for the diagnosis and care of the Member; or (b) notification of participation status with other insurers or plans. This section will survive the termination of this Agreement for a period of one (1) year following termination or expiration.
Interference with Contractual Relations. Provider shall not engage in activities that will cause Company to lose existing or potential Members, including but not limited to: (a) advising Company customers, Government Sponsors or other entities currently under contract with Company to cancel, or not renew said contracts; (b) impeding or otherwise interfering with negotiations which Company is conducting for the provision of health benefits or Plans; or
Interference with Contractual Relations. Group and Participating Group Physicians shall not engage in activities that will cause Company to lose existing or potential Members, including but not limited to: (a) advising Company customers, Government Sponsors or other entities currently under contract with Company to cancel, or not renew said contracts; (b) impeding or otherwise interfering with negotiations which Company is conducting for the provision of health benefits or Plans; or (c) using or disclosing to any third party membership lists acquired during the term of this Agreement for the purpose of soliciting individuals who were or are Members or otherwise to compete with Company. Notwithstanding the foregoing, Company shall not prohibit, or otherwise restrict, Participating Group Physicians from advising or advocating on behalf of a Member who is his or her patient, for the following: (i) the Member’s health status, medical care, or treatment options, including any alternative treatment that may be self-administered; (ii) any information the Member needs in order to decide among all relevant treatment options; (iii) the risks, benefits, and consequences of treatment or nontreatment; and (iv) the Member’s right to participate in decisions regarding his or her health care, including the right to refuse treatment, and to express preferences about future treatment decisions. This section shall continue to be in effect for a period of one (1) year after the expiration or termination of this Agreement.
Interference with Contractual Relations. Hospital will not engage in activities that would cause Company to lose existing or potential Members, including but not limited to, advising Company customers, Payers or other entities currently under contract with Company to cancel, or not renew their contracts. Except as required under this Agreement or by a governmental authority or court of competent jurisdiction, Hospital will not use or disclose to any third party, membership lists acquired during the term of this Agreement including, but not limited to, for the purpose of soliciting individuals who were or are Members or otherwise to compete with Company. Nothing in this section is intended or will be deemed to restrict: (i) any communication between Hospital and a Member, or a party designated by a Member determined by Hospital to be necessary or appropriate for the diagnosis and care of the Member; or (ii) notification of participation status with other insurers or plans. This section will survive the termination of this Agreement for a period of one (1) year following termination or expiration.
Interference with Contractual Relations. This is a gag clause on communication with the employer or ultimate stakeholder. This clause can be problematic when trying to ensure the fairness of the contract by enlisting the help of the ultimate customer. Provider shall not engage in activities that will cause Company to lose existing or potential Members, including but not limited to: (a) advising Company customers, Plan Sponsors or other entities currently under contract with Company to cancel, or not renew said contracts; (b) impeding or otherwise interfering with negotiations which Company is conducting for the provision of health benefits or Plans; or (c) using or disclosing to any third party membership lists acquired during the term of this Agreement for the purpose of soliciting individuals who were or are Members or otherwise to compete with Company. Nothing in this Section 7.3 is intended or shall be deemed to restrict (i) any communication between Provider and a Member determined by Provider to be necessary or appropriate for the diagnosis and care of the Member and otherwise in accordance with Section 5.5.1; or (ii) notification of participation status with other HMOs or insurers. This section shall continue to be in effect for a period of one (1) year after the expiration or termination of this Agreement.
Interference with Contractual Relations. Facility shall not engage in activities that will cause Company to lose existing or potential Members, including but not limited to: (a) advising Company customers, Plan Sponsors or other entities currently under contract with Company to cancel, or not renew their contracts; (b) impeding or otherwise interfering with negotiations which Company is conducting for the provision of health benefits or Plans; or (c) using or disclosing to any third party membership lists acquired during the term of this Agreement for the purpose of soliciting individuals who were or are Members or otherwise to compete with Company. Nothing in this Section 7.3 is intended or shall be deemed to restrict (i) any communication between Facility and a Member, or a party designated by a Member, determined by Facility to be necessary or appropriate for the diagnosis and care of the Member and otherwise in accordance with Section 5.5; or (ii) notification of participation status with other HMOs or insurers. This section shall continue to be in effect for a period of one (1) year after the expiration or termination of this Agreement.
Interference with Contractual Relations. Facility shall not engage in activities that will cause Company to lose existing or potential Members, including but not limited to: (a) advising Company customers, Government Sponsors or other entities currently under contract with Company to cancel, or not renew said contracts; (b) impeding or otherwise interfering with negotiations which Company is conducting for the provision of health benefits or Plans; or
Interference with Contractual Relations. 1. PRACTICE shall not engage in activities with the intent of causing HMO to lose existing or potential Members, which activities include, but are not limited to, : (a) advising HMO Providers currently under contract with HMO to cancel, or not renew said contracts; (b) directly impede or interfere with negotiations which HMO is conducting for the provision of health benefits; or (c) use or disclose to any third party membership lists acquired during the term of this Agreement for the purpose of soliciting individuals who were or are Members or otherwise to compete with HMO; (d) sending any correspondence, whether written or electronic, to Members which disparage or cast a negative light on the HMO; (e) send any communication, whether written or electronic, to Members which encourage Members to enroll with any other health benefit plan or insurer.
Interference with Contractual Relations. Section 15 of the Original Agreement (“Interference With Contractual Relations”) shall, on the date hereof, be amended and restated in its entirety as follows:
Interference with Contractual Relations. Magellan shall not: (a) counsel or advise, directly or indirectly, payors, sponsors or other entities currently under contract with Aetna or any affiliate to cancel, modify, or not renew said contracts; (b) impede or otherwise interfere with negotiations which Aetna or an affiliate is conducting for the provision of Plans; or (c) use or disclose to any third party membership lists acquired during the term of this Agreement for the purpose of directly or indirectly soliciting individuals who were or are Members or otherwise to compete with Aetna or any affiliate. Nothing in this Section is intended or shall be deemed to (i) restrict any communication between a Participating Provider and a Member determined by the Participating Provider to be necessary or appropriate for the diagnosis and care of the Member, (ii) prohibit Magellan from conducting activities permitted under Section 11 or (iii) apply with respect to any Aetna customers to the extent such customers send unsolicited RFPs to Magellan. This Section shall survive the termination of this Agreement for a period of one year thereafter. In the event of a breach or a threatened breach of this Section by Magellan, Aetna shall have the right of specific performance and injunctive relief in addition to any and all other remedies and rights at law or in equity, and such rights and remedies shall be cumulative.”
