44-1799.92. Direct primary care agreements; requirements; notice

A direct primary care agreement shall meet all of the following requirements:

1. Be in writing.

2. Be signed by the primary care provider or an agent of the primary care provider and the individual patient or the patient's legal representative. A copy of the agreement shall be provided to the individual patient or the patient's legal representative.

3. Allow either party to terminate the agreement on a thirty-day written notice to the other party. The agreement shall include terms for relocation and military duty.

4. Describe the scope of primary care services that are covered by the periodic fee.

5. Specify the periodic fee for the agreement and any additional fees outside of the periodic fee for ongoing care under the agreement.

6. Specify the duration of the agreement and any automatic renewal periods.

7. Provide a prominent written disclaimer that the agreement is not health insurance and that reads, in substantially the following form:

Notice: The organization facilitating the direct primary care agreement is not an insurance company and the direct primary care company guidelines and agreement are not an insurance policy. Participation in the direct primary care agreement or a subscription to any of its documents should not be considered to be a health insurance policy. Regardless of whether you receive treatment for health care issues through the direct primary care agreement, you are always personally responsible for paying any additional health care expenses you may incur. If you have health insurance, it may include, at no additional charge, some of the preventive services that are also available under this direct primary care agreement. The primary care provider may not bill your health insurance for primary care services provided under this direct primary care agreement.