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2021 Utah Code
Title 31A - Insurance Code
Chapter 4 - Insurers in General
Section 106.5 - Medical retainer agreements.
Universal Citation:
UT Code § 31A-4-106.5 (2021)
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31A-4-106.5. Medical retainer agreements.
Enacted by Chapter 50, 2012 General Session
- (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.
- (i) between:
- (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.
- (a) "Medical retainer agreement" means a written contract:
- (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
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