Oklahoma § 36-4605 - Direct primary care membership agreement

§ 36-4605. Direct primary care membership agreement

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.

Oklahoma Statutes - Title 36. Insurance

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.