Chief Sponsor: Ken Ivory

Senate Sponsor: Evan J. Vickers


8     General Description:
9          This bill amends the Insurance Code related to medical retainer agreements.
10     Highlighted Provisions:
11          This bill:
12          ▸     clarifies that a medical retainer agreement may include the delivery of routine health
13     care services via telehealth.
14     Money Appropriated in this Bill:
15          None
16     Other Special Clauses:
17          None
18     Utah Code Sections Affected:
19     AMENDS:
20          31A-4-106.5, as enacted by Laws of Utah 2012, Chapter 50

22     Be it enacted by the Legislature of the state of Utah:
23          Section 1. Section 31A-4-106.5 is amended to read:
24          31A-4-106.5. Medical retainer agreements.
25          (1) For purposes of this section:
26          (a) "Medical retainer agreement" means a written contract:
27          (i) between:

28          (A) except as provided in Subsection (1)(b)(iii)(B), a natural person or a professional
29     corporation, alone or with others professionally associated with the natural person or
30     professional corporation; and
31          (B) an individual patient or a patient's representative; and
32          (ii) in which:
33          (A) the person described in Subsection (1)(a)(i)(A) agrees to provide routine health
34     care services, including routine health care services provided via telehealth, to the individual
35     patient for an agreed upon fee and period of time; and
36          (B) either party to the contract may terminate the agreement upon written notice to the
37     other party.
38          (b) "Routine health care services" include:
39          (i) screening, assessment, diagnosis, and treatment for the purpose of promotion of
40     health, and detection and management of disease or injury;
41          (ii) supplies and prescription drugs that are dispensed in a health care provider's office;
42     and
43          (iii) laboratory work, such as routine blood screening or routine pathology screening
44     performed by a laboratory that:
45          (A) is associated with the health care provider entering into the medical retainer
46     agreement; or
47          (B) if not associated with the health care provider, has entered into an agreement with
48     the health care provider to provide the laboratory work without charging a fee to the patient for
49     the laboratory work.
50          (2) A medical retainer agreement exempt from the provisions of Subsection
51     31A-4-106(2) shall:
52          (a) describe the specific routine health care services that are included in the contract;
53          (b) prominently state in writing that the retainer agreement is not health insurance; and
54          (c) prohibit the health care provider, but not the patient, from billing an insurer for the
55     services provided under the medical retainer agreement.

Legislative Review Note
     as of 2-23-15 8:47 AM

Office of Legislative Research and General Counsel