SB-1033, As Passed Senate, November 6, 2014

 

 

 

 

 

 

 

 

 

 

 

 

 

SENATE BILL No. 1033

 

 

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

 

this act.

 

     (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

 

agreement.

 


     (3) To be considered a medical retainer agreement for the

 

purposes of this section, the agreement must meet all of the

 

following requirements:

 

     (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

 

representative.

 

     (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

 

health insurance.

 

     (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

 

entity.

 

     (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.