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Alaska

DPC Law Enacted

In 2024, Alaska enacted legislation that provides legal clarity and a regulatory framework for Direct Primary Care. The law, HCS CSSB 45(L&C), officially defines Direct Health Care Agreements (DHCAs) and, most importantly, clarifies that they are not considered insurance products. This designation protects DPC practices from being subject to the state's insurance code, fostering a more stable environment for the model's growth.

Quick Facts

Bill Number

HCS CSSB 45(L&C)

Year Enacted

2024

Status

Enacted

Key Provisions

  • Defines 'direct health care agreements' (DHCAs) as contracts for routine primary care services provided in exchange for a periodic fee, explicitly stating these agreements are not a form of insurance and are not subject to insurance regulations.
  • Mandates that all DHCAs must be established through a written contract. This agreement is required to clearly specify the scope of health care services covered, the periodic fee amount, and the terms of the arrangement.
  • Establishes consumer protections related to fees by limiting providers to changing the periodic fee no more than once per year. Furthermore, providers must give patients at least 45 days' written notice before any fee change can take effect.
  • Specifies a distinct billing cycle requirement, stipulating that membership fees for a given service period must be charged to the patient at the end of the month in which the services were available.
  • Restricts the services offered under a DHCA to those that fall within the scope of a primary care provider. The law primarily applies to Alaska-licensed physicians and healthcare businesses but also includes provisions for utilizing out-of-state telehealth providers in certain life-threatening conditions.
  • Grants the Director of the Alaska Division of Insurance the authority to adopt regulations consistent with the law, allowing for ongoing oversight and the ability to address implementation details as the DPC market develops.
  • Includes a unique provision requiring DPC practices to either accept Medicare patients or demonstrate that at least 20% of their patient panel consists of individuals who are Medicare-eligible or uninsured. This requirement has been noted for its potential conflict with federal Medicare opt-out regulations.

This information is for educational purposes only and should not be considered legal advice. DPC legislation is subject to change. Always consult a qualified attorney for legal guidance specific to your situation.