§ 63-1-502. Part Definitions

As used in this part:

1. “Direct medical care agreement” means a written contractual agreement between a direct medical care provider and an individual patient, or the patient’s legal representative, in which:

   1. The direct medical care provider agrees to provide medical care services to the individual patient for an agreed fee over an agreed period of time;
   2. The direct medical care provider will not bill third parties on a fee-for-service basis;
   3. Any per-visit charges under the agreement will be less than the monthly equivalent of the periodic fee;
   4. The agreement describes the scope of the medical care service that is covered by the periodic fee;
   5. The agreement contains the following disclosures, or substantially similar disclosures, that are conspicuously visible in the agreement in bold font:
      1. The agreement does not constitute health insurance under the laws of this state;
      2. An uninsured patient that enters into a direct medical care agreement may be subject to tax penalties under the Patient Protection and Affordable Care Act, Public Law 111-148, for failing to obtain insurance;
      3. Patients insured by health insurance plans that are compliant with the Patient Protection and Affordable Care Act already have coverage for certain preventative care benefits at no cost to the patient;
      4. Payments made by a patient for services rendered under a direct medical care agreement may not count towards the patient’s health insurance deductibles and maximum out-of-pocket expenses;
      5. A patient is encouraged to consult with the patient’s health insurance plan before entering into the agreement and receiving care; and
      6. A direct medical care provider who breaches the agreement may be liable for damages and subject to discipline by the appropriate licensing board;
   6. The agreement specifies the duration of the agreement, including automatic renewal periods; and
   7. The patient is not required to pay more than twelve (12) months of the fee in advance. However, the contracted fee may be paid on a payment schedule agreed to by the direct medical care provider and patient that may be due on a monthly, quarterly, or yearly basis;
2. “Direct medical care provider”:

   1. Means an individual or legal entity that is licensed, registered, or otherwise authorized to provide medical care services in this state under this title, and who chooses to enter into a direct medical care agreement; and
   2. Includes an individual medical care provider or other legal entity, alone or with others professionally associated with the provider or other legal entity;
3. “Medical care service” includes the screening, assessment, diagnosis, and treatment for the purpose of promotion of health or the detection and management of disease or injury within the competency and training of the direct medical care provider; and
4. “Medical products” include medical drugs and pharmaceuticals.