Tell me more: Direct Primary Care Arrangement 50-State Survey

Direct-to-consumer healthcare arrangements can sometimes implicate state insurance laws, especially when those arrangements involve the provision of unlimited healthcare services for a fixed fee. Yet both providers and patients are increasingly interested in entering into these direct contracts, and state insurance regulators are paying attention. In approximately half of US states, new laws explicitly exempt direct primary care (DPC) arrangements from insurance regulation. These laws often apply to a narrow scope of arrangements and require providers to build patient protections into their contracts – such as clear cancellation and refund terms.

While these new laws provide certainty for some providers, questions remain:

How could these arrangements be regulated in states that have not passed DPC laws?
How might regulators think about arrangements that are close to, but fall outside of, those described in the state laws (such as arrangements covering certain types of specialty care)?

McDermott is closely tracking these laws and advising clients on what they mean for different business models. Please complete this form to learn more about our high-level guide to the current state laws on DPC arrangements, purchasing a more detailed 50-state summary, obtaining assistance help with evaluating a particular arrangement, or getting support with patient contract and communication materials.

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