Indiana § 25-1-10-5 - Requirements for direct primary care agreement

§ 25-1-10-5. Requirements for direct primary care agreement

Sec. 5. A direct primary care agreement must meet all of the following requirements:

(1) Be in writing.

(2) Be signed by the:

(A) primary care provider, the employer of the primary care provider, or an agent of the primary care provider or employer of the primary care provider; and

(B) the patient or the patient's legal representative.

(3) Allow either party to terminate the agreement upon written notice to the other party.

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

(5) Specify the periodic fee and any additional fees for ongoing care under the agreement.

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

(7) Require not more than twelve (12) months of a periodic fee to be paid in advance.

(8) Prominently state in writing that the agreement is not health insurance.

As added by P.L.108-2017, SEC.1.

IC 25-1-10.3Chapter 10.3. Health Care Provider Advertising

25-1-10.3-1Application of chapter 25-1-10.3-2"Advertisement" 25-1-10.3-3"Deceptive or misleading information" 25-1-10.3-3.5"Educational degree" 25-1-10.3-4"License" 25-1-10.3-5"Practitioner" 25-1-10.3-6"Profession" 25-1-10.3-7Advertisement requirements

IC 25-1-10.3-1Application of chapter Sec. 1. This chapter does not apply to an advertisement communicated or disseminated before January 1, 2023. However, an advertisement that was prepared or created before January 1, 2023, may not be disseminated after December 31, 2022, unless the advertisement complies with the requirements set forth in section 7 of this chapter.

As added by P.L.128-2022, SEC.1.

IC 25-1-10.3-2"Advertisement" Sec. 2. (a) As used in this chapter, "advertisement" means any printed, electronic, or oral statement:

(1) that is communicated or disseminated to the general public;

(2) that:

(A) is intended to encourage a person to use a practitioner's professional services; or

(B) for commercial purposes, names a practitioner in connection with the practice, profession, or institution in which the practitioner is employed, volunteers, or provides health care services; and

(3) that the practitioner or the practitioner's group practice has control over the preparation, communication, or dissemination of the statement.

(b) The term includes the communication or dissemination as described in subsection (a) of any other communication or statement used in the course of business for the purpose of promoting a practitioner's services offered to the public.

(c) The term does not include the following:

(1) Office building placards.

(2) Exterior building signage that was in place before January 1, 2023.

As added by P.L.128-2022, SEC.1.

IC 25-1-10.3-3"Deceptive or misleading information" Sec. 3. As used in this chapter, "deceptive or misleading information" means any information that misrepresents or falsely describes a practitioner's:

(1) profession;

(2) skills;

(3) training;

(4) expertise;

(5) educational degree;

(6) board certification; or

(7) license.

As added by P.L.128-2022, SEC.1.

IC 25-1-10.3-3.5"Educational degree" Sec. 3.5. As used in this chapter, "educational degree" means the degree awarded to the practitioner by a college or university in the practitioner's profession, which may be used under the scope of the practitioner's license, including use of its acronym.

As added by P.L.128-2022, SEC.1.

IC 25-1-10.3-4"License" Sec. 4. As used in this chapter, "license" has the meaning set forth in IC 25-1-2-6.

As added by P.L.128-2022, SEC.1.

IC 25-1-10.3-5"Practitioner" Sec. 5. (a) As used in this chapter, except as provided in subsection (b), "practitioner" means an individual who holds a license issued by a board described in IC 25-0.5-11, including a certificate of registration issued under IC 25-20.

(b) The term does not include a veterinarian licensed under IC 25-38.1.

As added by P.L.128-2022, SEC.1.

IC 25-1-10.3-6"Profession" Sec. 6. As used in this chapter, "profession" means the name or title of the profession of which a practitioner is a member, as specifically allowed for use by individuals who hold a license, license by endorsement, certificate, or registration from a board described in IC 25-0.5-11 under the board's governing statute or rules. The term does not include the license or educational degree of a practitioner.

As added by P.L.128-2022, SEC.1.

IC 25-1-10.3-7Advertisement requirements Sec. 7. (a) An advertisement that includes a practitioner's name must prominently state the profession or license held by the practitioner.

(b) A written advertisement that includes a practitioner's name must prominently set forth the profession or license held by the practitioner in a font size and style that makes the information readily apparent to the reader.

(c) An advertisement must not include any deceptive or misleading information.

(d) Subject to subsection (e), a practitioner who communicates or disseminates to the general public an advertisement that violates this section is subject to disciplinary sanctions under IC 25-1-9 by the board that issued the practitioner's license.

(e) Nothing in this section prevents an advertisement using the practitioner's title or designation associated with the practitioner's educational degree if the advertisement meets the requirements of subsection (a).

As added by P.L.128-2022, SEC.1.

IC 25-1-11Chapter 11. Professional Licensing Standards of Practice

25-1-11-1"Board" 25-1-11-2"Practitioner" 25-1-11-3"License" 25-1-11-4"Person" 25-1-11-5Practitioner compliance with professional standards; findings meriting disciplinary sanctions; fraud or material deception 25-1-11-6Architect or landscape architect; grounds for disciplinary sanctions 25-1-11-7Auctioneers; grounds for disciplinary sanctions 25-1-11-8Barbers; grounds for disciplinary sanctions 25-1-11-9Engineers or professional surveyors; grounds for disciplinary sanctions 25-1-11-9.5Repealed 25-1-11-10Physical and mental examination of practitioner 25-1-11-11Refusal of physical or mental examination; summary suspension 25-1-11-12Sanctions for violations 25-1-11-13Summary license suspension of real estate appraisers and other practitioners; notification by consumer protection division 25-1-11-14Reinstatement of suspended license 25-1-11-15Reinstatement of revoked license 25-1-11-16Consistency of sanctions 25-1-11-17Surrender of practitioner license; surrender prohibited if attorney general opposes 25-1-11-18Costs; practitioners subject to sanctions 25-1-11-19Refusal to issue license; probationary license; requirements 25-1-11-20Appearance before board 25-1-11-21Repealed