§ 22 §1771 — Direct health care service agreements

1.
Definitions.
As used in this section, unless the context otherwise indicates, the following terms have the following meanings.
2.
Not insurance.
A direct health care service agreement is not an insurance policy and is not subject to regulation by the Department of Professional and Financial Regulation, Bureau of Insurance.
3.
Ability to contract.
A direct health care service agreement is an agreement between the direct health care provider and either an individual or the individual's representative, regardless of whether the periodic fee or other fees are paid by the individual, the individual's representative or a 3rd party.
4.
Covered services.
A direct health care service agreement covers only the services specified in the agreement. Any goods or services that are not covered by the direct health care service agreement may be billed separately.
5.
Disclosure.
A direct health care service agreement must clearly state within the agreement that direct health care services are not considered health insurance and do not meet requirements of any federal law mandating individuals to purchase health insurance and that the fees charged in the agreement may not be reimbursed or apply towards a deductible under a health insurance policy with an insurer.
6.
Other care not prohibited.
A health care provider is considered a direct health care provider only when the provider is engaged in a direct health care service agreement with a patient or group of patients. A health care provider is not prohibited from providing care to other patients under a separate agreement or contract with an insurer.
7.
Other agreements not prohibited.
This section does not prohibit a direct health care provider from entering into:

Legislative History

PL 2017, c. 112, §1 (NEW). PL 2025, c. 358, §2 (AMD).