Medical retainer agreements.

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  • (1) For purposes of this section:
    • (a) "Medical retainer agreement" means a written contract:
      • (i) between:
        • (A) except as provided in Subsection (1)(b)(iii)(B), a natural person or a professional corporation, alone or with others professionally associated with the natural person or professional corporation; and
        • (B) an individual patient or a patient's representative; and
      • (ii) in which:
        • (A) the person described in Subsection (1)(a)(i)(A) agrees to provide routine health care services to the individual patient for an agreed upon fee and period of time; and
        • (B) either party to the contract may terminate the agreement upon written notice to the other party.
    • (b) "Routine health care services" include:
      • (i) screening, assessment, diagnosis, and treatment for the purpose of promotion of health, and detection and management of disease or injury;
      • (ii) supplies and prescription drugs that are dispensed in a health care provider's office; and
      • (iii) laboratory work, such as routine blood screening or routine pathology screening performed by a laboratory that:
        • (A) is associated with the health care provider entering into the medical retainer agreement; or
        • (B) if not associated with the health care provider, has entered into an agreement with the health care provider to provide the laboratory work without charging a fee to the patient for the laboratory work.
  • (2) A medical retainer agreement exempt from the provisions of Subsection 31A-4-106(2) shall:
    • (a) describe the specific routine health care services that are included in the contract;
    • (b) prominently state in writing that the retainer agreement is not health insurance; and
    • (c) prohibit the health care provider, but not the patient, from billing an insurer for the services provided under the medical retainer agreement.




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