31A-4-106.5. Medical retainer agreements.

287 words·~1 min read·/ut/title-31a/chapter-4/31a-4-106-5

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(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.

Enacted by Chapter 50 , 2012 General Session