HCS/HB 769 - This act defines a "medical retainer agreement" as a contract between a physician and a patient or such patient's legal representative in which the parties agree to the provision of specified services in exchange for an agreed-upon fee and period of time. Medical retainer agreements shall not be considered insurance and physicians entering into such agreements shall not be required to obtain a certificate of authenticity or a license to market, sell, or offer to sell a medical retainer agreement. Medical retainer agreements shall: (1) be in writing; (2) be signed by the parties; (3) allow either party to terminate the agreement on written notice to the other party; (4) describe the specific health care services to be included; (5) specify the fee; (6) specify the period of time under the agreement; and (7) prominently state in writing that the agreement is not insurance.
Fees under a medical retainer agreement may be paid from the patient's health savings account or reimbursed through a flexible spending arrangement or a health reimbursement arrangement. A patient's employer may make contributions into the patient's health savings account, flexible spending arrangement, or health reimbursement arrangement to cover any or all of the agreed-upon fees under the medical retainer agreement or pay the agreed-upon fees directly to the physician under the medical retainer agreement.
Finally, nothing in this act shall be construed as prohibiting, limiting, or otherwise restricting a physician in a collaborative practice arrangement from entering into a medical retainer agreement.
This act is substantially similar to SB 478 (2015).