The original instrument and the following digest, which constitutes no part of the
legislative instrument, were prepared by Morgan B. Robertson.
DIGEST
SB 127 Original 2019 Regular Session Long
Proposed law provides for a direct primary care agreement with a dental practice.
Defines "board", "dentist", "direct primary care agreement", and "direct dental practice".
Stipulates that a direct primary care agreement with a dental practice is not health or dental
insurance.
Provides that a patient shall not forfeit their insurance, Medicaid, or Medicare benefits by purchasing
a direct primary care agreement.
Provides that a dentist entering into a direct primary agreement is not required to obtain a certificate
of authority or license other than to maintain a current license to practice dentistry in this state.
Requires that a direct primary care agreement must be in writing; be signed by a dentist, or agent of
the dentist, and the patient, or his or her legal representative; allow either party to terminate the
agreement with 30-days written notice to the other party; describe the scope of the services to be
covered by the fee; specify the periodic fee and any additional fees outside of the periodic fee;
specify the duration of the agreement and any automatic renewal periods; require that no more than
12 months of the periodic fee be paid in advance; and, provide that upon termination of the
agreement by the patient, all unearned fees are to be returned to the patient.
Requires that the following be prominently stated in writing in the agreement: the agreement does
not constitute health or dental insurance; that a patient insured with the Patient Protection and
Affordable Care Act may already have coverage for pediatric dental benefits; that payments made
may not count toward a patient's health insurance deductibles and maximum out-of-pocket expenses;
and, that a patient is encouraged to consult with their insurance plan before entering into the
agreement and receiving care.
Allows a direct dental practice to accept payment of periodic fees for a direct primary care agreement
directly or indirectly from third-parties, including employers.
Prohibits a direct dental practice from declining a new direct primary care patient or discontinuing
service because of a patient's health status, race, religion, national origin, the presence of any
sensory, mental or physical disability, education, or economic status.
Allows a direct dental practice to refuse care if in the dentist's opinion, a patient's health condition
is such that the provider is unable to provide the appropriate level or type of services or if the dental
practice has reached maximum capacity. Allows a direct dental practice to discontinue care if a patient fails to pay the periodic fee, performs
an act of fraud concerning the agreement, repeatedly fails to adhere to the recommended treatment
plan, is abusive or presents a danger to the staff or other patients, or the direct dental practice
discontinues operations.
Authorizes the board to promulgate rules and regulations to effectuate proposed law.
Provides that violations of proposed law constitute unprofessional conduct under R.S. 37:775 and
result in sanctions as authorized in present law.
Effective August 1, 2019.
(Adds R.S. 37:798)