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Mississippi

DPC Law Enacted

Mississippi provides a supportive legal framework for Direct Primary Care through the Mississippi Direct Primary Care Act, enacted in 2015. This legislation formally defines DPC agreements and, crucially, exempts them from the state's insurance code, reducing regulatory burdens for practices. The law establishes clear guidelines for patient agreements and consumer protections, fostering a secure environment for both physicians and patients to engage in the DPC model.

Quick Facts

Bill Number

SB 2687

Year Enacted

2015

Status

Enacted

Key Provisions

  • The Mississippi Direct Primary Care Act (Mississippi Code §§ 83-81-1 through 83-81-11) explicitly states that a DPC agreement is not a contract of insurance. This provision exempts DPC practices from the complex and costly regulations governed by the Mississippi Insurance Department.
  • All DPC services must be offered through a formal written agreement signed by both the provider and the patient (or their legal representative). This agreement serves as the foundational document outlining the terms of the relationship.
  • Per § 83-81-9, every DPC agreement must feature a conspicuous written disclaimer. This disclaimer must clearly state that the agreement does not constitute health insurance and will not satisfy any individual coverage requirements under federal or state law.
  • The law mandates that the written agreement detail the specific scope of primary care services covered by the periodic fee. It must also describe the fee amount, payment terms, and any charges for services not included in the membership.
  • Providers are permitted to accept or decline to accept new patients. However, § 83-81-11 includes non-discrimination provisions, prohibiting practices from declining patients based on their health status or other protected characteristics.
  • The statute addresses the termination of the DPC relationship. The written agreement must outline the process for how either the patient or the provider can discontinue the agreement, including any required notice periods and policies for refunding prepaid, unearned fees.
  • The Act applies to physicians licensed to practice in Mississippi. All care provided under a DPC agreement must fall within the provider's legal scope of practice as determined by the Mississippi State Board of Medical Licensure.

Medication Dispensing

In Mississippi, DPC physicians are permitted to dispense medications directly to their patients, but they must adhere to a critical state requirement. State law mandates that the physician must "personally dispense" the medications. This means the physician is required to physically perform the act of preparing and delivering the prescription to the patient. This task cannot be delegated to other clinical or administrative staff members. In addition to this DPC-specific context, practices that dispense medications must also comply with all applicable rules and regulations set forth by the Mississippi State Board of Pharmacy and general physician dispensing laws, which can be found in Title 73, Chapter 21 of the Mississippi Code.

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.