To be considered a direct primary care agreement for the purposes of this chapter, the agreement must meet all of the following requirements:

1. (1) Be in writing;
2. (2) Be signed by the primary care provider or agent of the primary care provider and the individual patient or his or her legal representative;
3. (3) Allow either party to terminate the agreement on written notice to the other party;
4. (4) Describe the scope of primary care services that are covered by the periodic fee;
5. (5) Specify the periodic fee and any additional fees outside of the periodic fee for ongoing care under the agreement;
6. (6) Specify the duration of the agreement and any automatic renewal periods;
7. (7) Require that no more than twelve months of the periodic fee be paid in advance and that upon discontinuing the agreement, all unearned funds are returned to the patient; and
8. (8) Prominently state in writing that the agreement is not health insurance.

Source: SL 2021, ch 159 , § 3.