agreements for direct primary care

Wisconsin Legislature: AB8: Bill Text

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AB8: Bill Text

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2025 - 2026 LEGISLATURE
LRB-0536/1
JPC:emw
2025 ASSEMBLY BILL 8
February 6, 2025 - Introduced by Representatives
Duchow
,
Brooks
,
Armstrong
,
Dittrich
,
Hurd
,
Murphy
,
O'Connor
,
Rodriguez
and
Wichgers
, cosponsored by Senators
Cabral-Guevara
,
Kapenga
,
Nass
and
Testin
. Referred to Committee on Health, Aging and Long-Term Care.
AB8,1,2
1
An Act

to create
146.78 and 600.01 (1) (b) 13. of the statutes;
relating to:

2
agreements for direct primary care.
Analysis by the Legislative Reference Bureau
This bill exempts valid direct primary care agreements from the application of insurance law. A “direct primary care agreement,” as defined in the bill, is a contract between a health care provider that provides primary care services under the provider’s scope of practice and an individual patient or the patient’s legal representative or employer in which the health care provider agrees to provide primary care services to the patient for an agreed-upon subscription fee and period of time.
A valid direct primary care agreement is in writing and satisfies all of the following:
1. It is signed by the health care provider or an agent of the health care provider and the individual patient, the patient’s legal representative, or a representative of the patient’s employer.
2. It allows either party to terminate the agreement upon written notice.
3. It describes and quantifies the specific primary care services that are provided under the agreement.
4. It specifies the subscription fee for the agreement and specifies terms for termination of the agreement.
5. It specifies the duration of the agreement.
6. It prohibits the provider and patient from billing an insurer or any other third party on a fee-for-service basis for the primary care services included in the subscription fee under the agreement.
7. It prominently states, in writing, several provisions, including that the agreement is not health insurance and the agreement alone may not satisfy individual or employer insurance coverage requirements under federal law; that the patient is responsible for paying, or directing the patient’s employer to pay, the provider for all services that are not included in the subscription fee under the agreement; that the patient is encouraged to consult with a health insurance advisor, the patient’s health insurance carrier, or the patient’s employer-sponsored health plan, as applicable, before entering into the agreement; and that direct primary care fees might not be credited toward deductibles or out-of-pocket maximum amounts under any health insurance the patient has.
Under the bill, a health care provider may not decline to enter into or terminate a direct primary care agreement with a patient solely because of the patient’s health status. The bill allows a health care provider to decline to accept a patient for a direct primary care agreement only if the health care provider’s practice has reached its maximum patient capacity or if the patient’s medical condition is such that the health care provider is unable to provide the appropriate level and type of primary care services the patient requires. A health care provider may terminate a direct primary care agreement with a patient only if the patient or the patient’s employer fails to pay the subscription fee, the patient fails repeatedly to adhere to the treatment plan, the patient has performed an act of fraud related to the direct primary care agreement, the patient is abusive in a manner described in the bill, the health care provider discontinues operation as a direct primary care provider, or the health care provider believes that the relationship is no longer therapeutic for the patient due to a dysfunctional relationship between the provider and the patient.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
AB8,1
1
Section
1
.
146.78 of the statutes is created to read:
AB8,2,2
2
146.78

Direct primary care agreement.

(1)

Definitions.
In this section:
AB8,2,6
3
(a) “Direct primary care agreement” means a contract between a health care
4
provider and an individual patient or the patient's legal representative or employer
5
in which the health care provider agrees to provide primary care services to the
6
individual patient for an agreed-upon subscription fee and period of time.
AB8,3,3
1
(b) “Health care provider” means a health care provider under s. 146.81 (1) (a)
2
to (p) that provides primary care services under the health care provider’s scope of
3
practice.
AB8,3,7
4
(c) “Primary care services” means outpatient, general health care services of
5
the type provided by a main source for regular health care services for patients at
6
the time a patient seeks preventive care or first seeks health care services for a
7
specific health concern and includes all of the following:
AB8,3,9
8
1. Care that promotes and maintains mental and physical health and
9
wellness.
AB8,3,10
10
2. Care that prevents disease.
AB8,3,12
11
3. Screening, diagnosis, and treatment of acute or chronic conditions caused
12
by disease, injury, or illness.
AB8,3,13
13
4. Patient counseling and education.
AB8,3,15
14
5. Provision of a broad spectrum of preventive and curative health care over a
15
period of time.
AB8,3,16
16
6. Coordination of care.
AB8,3,20
17
(2)

Valid agreement.
A health care provider and an individual patient or
18
the patient’s legal representative or employer may enter into a direct primary care
19
agreement. A valid direct primary care agreement meets all of the following
20
criteria:
AB8,3,21
21
(a) The direct primary care agreement is in writing.
AB8,4,2
22
(b) The direct primary care agreement is signed by the health care provider or
1
an agent of the health care provider and the individual patient, the patient’s legal
2
representative, or a representative of the patient’s employer.
AB8,4,6
3
(c) The direct primary care agreement allows either party to the direct
4
primary care agreement to terminate the direct primary care agreement upon
5
written notice to the other party subject to the requirements under sub. (3) for
6
termination of the direct primary care agreement by the health care provider.
AB8,4,8
7
(d) The direct primary care agreement describes and quantifies the specific
8
primary care services that are provided under the direct primary care agreement.
AB8,4,12
9
(e) The direct primary care agreement specifies the subscription fee for the
10
direct primary care agreement and specifies terms for termination of the direct
11
primary care agreement, including any possible refund of fees to the patient or the
12
patient’s employer.
AB8,4,14
13
(f) The direct primary care agreement specifies the duration of the direct
14
primary care agreement.
AB8,4,17
15
(g) The health care provider and the patient are prohibited from billing an
16
insurer or any other 3rd party on a fee-for-service basis for the primary care
17
services included in the subscription fee under the direct primary care agreement.
AB8,4,19
18
(h) The direct primary care agreement prominently states, in writing, all of
19
the following:
AB8,4,22
20
1. The direct primary care agreement is not health insurance, and the direct
21
primary care agreement alone may not satisfy individual or employer insurance
22
coverage requirements under federal law.
AB8,5,4
23
2. The individual patient is responsible for paying the health care provider for
1
all services that are not included in the subscription fee under the direct primary
2
care agreement or directing the patient’s employer to pay the health care provider
3
for all services that are not included in the subscription fee under the direct
4
primary care agreement, if applicable.
AB8,5,9
5
3. The patient is encouraged to consult with a health insurance advisor, the
6
patient’s health insurance carrier, or the patient’s employer-sponsored health plan,
7
as applicable, before entering into the direct primary care agreement regarding
8
coverage options for health care services that may not be covered through the direct
9
primary care agreement.
AB8,5,11
10
4. Some services provided under the direct primary care agreement may be
11
covered under any health insurance the patient has.
AB8,5,14
12
5. Direct primary care fees might not be credited toward deductibles or out-of-
13
pocket maximum amounts under the patient’s health insurance, if the patient has
14
health insurance.
AB8,5,19
15
(3)

Patient selection; termination.
(a) A health care provider may not
16
decline to enter into a direct primary care agreement or terminate a direct primary
17
care agreement with a patient solely because of the patient’s health status. A
18
health care provider may decline to accept a patient for a direct primary care
19
agreement for only any of the following reasons:
AB8,5,21
20
1. The health care provider’s practice has reached its maximum patient
21
capacity.
AB8,6,2
22
2. The patient’s medical condition is such that the health care provider is
1
unable to provide the appropriate level and type of primary care services the
2
patient requires.
AB8,6,4
3
(b) A health care provider may terminate a direct primary care agreement
4
with a patient for only any of the following reasons:
AB8,6,5
5
1. The patient or the patient’s employer fails to pay the subscription fee.
AB8,6,7
6
2. The patient repeatedly fails to adhere to the treatment plan recommended
7
by the health care provider.
AB8,6,9
8
3. The patient has performed an act of fraud related to the direct primary care
9
agreement.
AB8,6,11
10
4. The patient is abusive and presents an emotional or physical danger to the
11
staff or other patients of the health care provider.
AB8,6,13
12
5. The health care provider discontinues operation as a health care provider
13
under direct primary care agreements.
AB8,6,16
14
6. The health care provider believes that the relationship is no longer
15
therapeutic for the patient due to a dysfunctional relationship between the health
16
care provider and the patient.
AB8,6,18
17
(c) Nothing in this section shall be construed to limit the application of s.
18
106.52 to a health care provider’s practice.
AB8,7,2
19
(4)

Insurance network participation.
A health care provider who has a
20
practice in which the health care provider enters into direct primary care
21
agreements may participate in a network of a health insurance carrier only to the
22
extent that the health care provider is willing and able to comply with the terms of
23
the participation agreement with the health insurance carrier and meet any other
1
terms and conditions of network participation as determined by the health
2
insurance carrier.

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