September 9, 2014, Introduced by Senators COLBECK and NOFS and referred to the Committee on Insurance.
A bill to amend 1956 PA 218, entitled
"The insurance code of 1956,"
(MCL 500.100 to 500.8302) by adding section 129.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 129. (1) A medical retainer agreement is not insurance
and is not subject to this act. Entering into a medical retainer
agreement is not the business of insurance and is not subject to
(2) A health care provider or agent of a health care provider
is not required to obtain a certificate of authority or license
under this act to market, sell, or offer to sell a medical retainer
(3) To be considered a medical retainer agreement for the
purposes of this section, the agreement must meet all of the
(a) Be in writing.
(b) Be signed by the health care provider or agent of the
health care provider and the individual patient or his or her legal
(c) Allow either party to terminate the agreement on written
notice to the other party.
(d) Describe the specific routine health care services that
are included in the agreement.
(e) Specify the fee for the agreement.
(f) Specify the period of time under the agreement.
(g) Prominently state in writing that the agreement is not
(h) Prohibit the health care provider, but not the patient,
from billing an insurer or other third party payer for the services
provided under the agreement.
(4) As used in this section:
(a) "Health care provider" means an individual or other legal
entity that is licensed, registered, or otherwise authorized to
provide a health care service in this state under the public health
code, 1978 PA 368, MCL 333.1101 to 333.25211. Health care provider
includes an individual or other legal entity alone or with others
professionally associated with the individual or other legal
(b) "Medical retainer agreement" means a contract between a
health care provider and an individual patient or his or her legal
representative in which the health care provider agrees to provide
routine health care services to the individual patient for an
agreed-upon fee and period of time.
(c) "Routine health care service" includes, but is not limited
to, the following:
(i) Screening, assessment, diagnosis, and treatment for the
purpose of promotion of health or the detection and management of
disease or injury.
(ii) Medical supplies and prescription drugs that are dispensed
in a health care provider's office or facility site.
(iii) Laboratory work including routine blood screening or
routine pathology screening performed by a laboratory that meets
either of the following requirements:
(A) Is associated with the health care provider that is a
party to the medical retainer agreement.
(B) If not associated with the health care provider as
described in sub-subparagraph (A), has entered into an agreement
with the health care provider that is a party to the medical
retainer agreement to provide the laboratory work without charging
a fee to the patient for the laboratory work.