A. As used in this section, "direct primary care membership agreement" means a contractual agreement between a primary care provider and an individual patient, or his or her legal representative, in which:
1. The provider agrees to provide primary care services to the individual patient for an agreed-to fee over an agreed-to period of time;
2. The direct primary care provider will not bill third parties on a fee-for-service basis; and
3. Any per-visit charges under the agreement will be less than the monthly equivalent of the periodic fee.
A "direct primary care provider" means an individual or legal entity that is licensed, registered or otherwise authorized to provide primary care services in this state and who chooses to enter into a direct primary care membership agreement. This includes, but is not limited to, an individual primary care provider or other legal entity alone or with others professionally associated with the individual or other legal entity.
B. A direct primary care membership agreement is not insurance and is not subject to regulation by the Insurance Department.
C. Entering into a direct primary care membership agreement is not the business of insurance and is not subject to regulations under the Oklahoma Insurance Code.
D. A direct primary care provider or the agent of a direct primary care provider is not required to obtain a certification of authority or license under Title 36 of the Oklahoma Statutes to market, sell or offer to sell a direct primary care agreement.
E. A direct primary care membership agreement is not a medical discount plan, as defined by state law or regulation under the Insurance Department and a direct primary care provider is not required to register as a medical discount plan.
F. A direct primary care membership agreement shall:
1. Allow either party to terminate the agreement upon written notice to the other party;
2. Provide that fees are not earned by the direct primary care provider until the month paid by the periodic fee has been completed; and
3. Provide that, upon termination of this agreement by the individual patient, all unearned fees are to be returned to the patient.
Added by Laws 2015, c. 159, § 2, emerg. eff. Apr. 21, 2015.
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