To be considered a direct primary care agreement for the purposes of this chapter, the agreement must meet all of the following requirements: (1) Be in writing; (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) Allow either party to terminate the agreement on written notice to the other party; (4) Describe the scope of primary care services that are covered by the periodic fee; (5) Specify the periodic fee and any additional fees outside of the periodic fee for ongoing care under the agreement; (6) Specify the duration of the agreement and any automatic renewal periods; (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) Prominently state in writing that the agreement is not health insurance.
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