Concierge Medicine

Comprehensive Guide to Direct Primary Care Regulations in the U.S.

February 15, 2024

Introduction to Direct Primary Care (DPC)

An innovative alternative payment model, Direct Primary Care (DPC) improves access to high-functioning healthcare with a simple, flat, affordable membership fee. A DPC is defined by an enduring and trusting relationship between a patient and their primary care provider with no fees for services or third-party billing.

Federal-Level DPC Regulations

Primary Care Enhancement Act (H.R. 365 & S. 1358) is a bipartisan federal legislation that expands access to high-quality primary care services for all Americans. A major federal regulatory barrier to patients, providers, and employers using Health Savings Accounts (HSAs) using innovative Direct Primary Care (DPC) medical homes to improve health outcomes and reduce costs is removed by clarifying the tax code.

In the Direct Primary Care Accessibility Act of 2021 (H.R.3436), authored by Representative Matt Rosendale (MT-AL), employers would no longer be able to assume that DPC memberships are an ERISA plan. Employers and brokers would have less administrative burdens if they sponsored DPC memberships for their employees in this manner.

State-Level DPC Regulations

In the United States, Direct Primary Care (DPC) regulations vary significantly from state to state. They are shaped by various legislative measures and acts that define DPC and its relationship with insurance laws. This article provides an overview of the unique legislative landscape that shapes DPC in several states, providing a detailed breakdown of DPC regulations. Healthcare providers, patients, and policymakers who are navigating the evolving world of DPC need this information.  

It's important to note that these laws are not uniform across all states, and in some cases, the regulations can be unclear or open to interpretation. To ensure successful implementation and operation of Direct Primary Care practices, ongoing dialogue and legislative refinement are essential. The specifics of these regulations vary from state to state.

 

DPC Regulations in Alabama

In Alabama, SB94 — The Alabama Physicians and Dentists Direct Pay Act asserts that a DPC agreement is not subject to insurance laws.

DPC Regulations in Arizona

In Arizona, § 20-123 — This legislation provides a definition for Direct Primary Care (DPC) and stipulates that it is not subject to insurance laws.

DPC Regulations in Arkansas

In Arkansas, HB 1161 — This Arkansas “Concierge” Law exempts Direct Primary Care agreements from the insurance laws of Arkansas.

DPC Regulations in Colorado

In Colorado, HB17-1115 — This legislation provides a definition for Direct Primary Care (DPC) and stipulates that it is not subject to insurance laws.

DPC Regulations in Florida

In Florida, SB 80 — This legislation provides a definition for Direct Primary Care (DPC). 

DPC Regulations in Georgia

In Georgia, SB18 — This legislation provides a definition for Direct Primary Care (DPC). 

DPC Regulations in Idaho

In Idaho, IN 39-92 — This legislation provides a definition for Direct Primary Care (DPC). 

DPC Regulations in Indiana

In Indiana, SB 303 — This legislation provides a definition for Direct Primary Care (DPC) and stipulates that it is not subject to insurance laws.

DPC Regulations in Iowa

In Iowa, HF 2456 — This legislation provides a definition for Direct Primary Care (DPC). 

DPC Regulations in Kansas

In Kansas, KS § 65-4978 — This legislation provides a definition for Direct Primary Care (DPC) and stipulates that it is not subject to insurance laws.

DPC Regulations in Kentucky

In Kentucky, SB 79 — This legislation provides a definition for Direct Primary Care (DPC). 

DPC Regulations in Louisiana

In Louisiana, LA 37-1360.81 — This legislation provides a definition for Direct Primary Care (DPC) and stipulates that it is not subject to insurance laws.

DPC Regulations in Maine

In Maine, SP 472 — This legislation provides a definition for Direct Primary Care (DPC). 

DPC Regulations in Michigan

In Michigan, MI 500-129 — This legislation provides a definition for Direct Primary Care (DPC) and stipulates that it is not subject to insurance laws.

DPC Regulations in Mississippi

In Mississippi, SB 2687 — This legislation provides a definition for Direct Primary Care (DPC) and stipulates that it is not subject to insurance laws.

DPC Regulations in Missouri

In Missouri, Mo. Rev. Stat. § 376.1800-1 — This legislation provides a definition for Direct Primary Care (DPC) and stipulates that it is not subject to insurance laws.

DPC Regulations in Nebraska

In Nebraska, Neb. Rev. Stat. § 71-9501 — This legislation provides a definition for Direct Primary Care (DPC) and stipulates that it is not subject to insurance laws.

DPC Regulations in New Hampshire

In New Hampshire, HB 508 — This legislation provides a definition for Direct Primary Care (DPC). 

DPC Regulations in Ohio

In Ohio, HB 166 — This legislation provides a definition for Direct Primary Care (DPC). 

DPC Regulations in Oklahoma

In Oklahoma, OK Title 36 § 4604 — This legislation provides a definition for Direct Primary Care (DPC) and stipulates that it is not subject to insurance laws.

DPC Regulations in Oregon

In Oregon, ORS 735.500 — This legislation provides a definition for Direct Primary Care (DPC) and stipulates that it is not subject to insurance laws.

DPC Regulations in Tennessee

In Tennessee, TN §§ 63-1-501 – 63-1-504 — This legislation provides a definition for Direct Primary Care (DPC) and stipulates that it is not subject to insurance laws.

DPC Regulations in Texas

In Texas, Texas Occupations Code Chapter 162 Subchapter F — This legislation provides a definition for Direct Primary Care (DPC) and stipulates that it is not subject to insurance laws.

DPC Regulations in Utah

In Utah, UT 31A-4-106.5 — This legislation provides a definition for Direct Primary Care (DPC) and stipulates that it is not subject to insurance laws.

DPC Regulations in Virginia

In Virginia, HB 1393 — This legislation provides a definition for Direct Primary Care (DPC) and stipulates that it is not subject to insurance laws.

DPC Regulations in Washington

In Washington, 48 -150 RCW — This legislation provides a definition for Direct Primary Care (DPC) and stipulates that it is not subject to insurance laws.

DPC Regulations in West Virginia

In West Virginia, WV-16-2J-1; 2301 — This legislation provides a definition for Direct Primary Care (DPC) and stipulates that it is not subject to insurance laws.

DPC Regulations in Wisconsin

In Wisconsin, SB 889 is a well-written bill defining DPC as outside of insurance in a clear and concise manner. The bill will be considered first in the Senate Committee on Government Operations, Legal Review, and Consumer Protection.

DPC Regulations in Wyoming

In Wyoming, SF 0049 — This legislation provides a definition for Direct Primary Care (DPC) and stipulates that it is not subject to insurance laws.

 

Conclusion: The Future of DPC

DPC has been embraced by health policymakers of all stripes, creating happy patients and happy doctors around the country. It provides better access to physicians, empowers an authentic therapeutic relationship, and provides comprehensive patient care. Additionally, it offers affordable, transparent costs based on a periodic flat rate (i.e., membership or subscription). Physicians charge patients directly for their services. DPC memberships/subscriptions cost less than average cell phone bills.

There are over 1,500 Direct Primary Care providers in the nation. Since 2000, almost 1,400 new DPC practices have emerged and employers, unions, and even health plans now rely on DPC doctors to provide better care for their employees. You can find the most recent directory of DPC doctors here: https://www.findmydirectdoctor.com/dpc

References

: [2022 DPC Legislative Update — Direct Primary Care Frontier] : [Direct Primary Care (DPC) Laws by State - A Rectangle Health Company] : [Policy | direct-primary-care]