New Hampshire

Quick Facts

Key Provisions

• A Direct Primary Care agreement is legally defined as a non-insurance product under RSA 329-I. To qualify, the agreement must be limited to primary care services, not guarantee payment for third-party services, and avoid any form of risk pooling or underwriting.
• Providers entering into DPC agreements must be licensed physicians (MD or DO) or other specified primary care professionals operating within their scope of practice in New Hampshire.
• All DPC arrangements must be formalized in a written agreement. This contract must clearly specify the scope of primary care services provided, the fee structure, and the terms for termination by either the patient or the provider.
• The law includes a key consumer protection that prohibits DPC practices from declining to accept new patients solely based on their health status. However, practices may decline or dismiss patients for other valid reasons, such as non-payment of fees or disruptive behavior.
• DPC practices that comply with the requirements of RSA 329-I are not required to obtain a license as an insurance company or third-party administrator from the New Hampshire Department of Insurance.
• The DPC agreement must include a clear and conspicuous disclosure stating that the agreement is not a health insurance policy and does not satisfy any individual mandate for health insurance coverage.
• New Hampshire's DPC law does not impose any caps or limits on the monthly or annual fees that a practice can charge for its services, allowing for flexibility in pricing models.
• While the statute does not mandate a specific notice period for termination, it requires that the terms for ending the agreement be clearly outlined in the patient contract.

Medication Dispensing

In New Hampshire, medication dispensing by Direct Primary Care practices is not governed by DPC-specific laws but falls under the state's general regulations for physician dispensing. According to RSA 318:42, licensed physicians are permitted to dispense non-controlled substances to their own patients in the course of their practice. DPC providers wishing to dispense medications must adhere to all rules set forth by the New Hampshire Board of Pharmacy, which include proper labeling, packaging, and record-keeping. This allows DPC practices to offer the convenience of in-office dispensing but does not grant them any special exemptions from standard pharmaceutical regulations.