The original instrument and the following digest, which constitutes no part of the
legislative instrument, were prepared by Morgan B. Robertson.
DIGEST
SB 127 Engrossed 2019 Regular Session Long
Proposed law provides for a direct primary care agreement with a dental practice. Proposed law
defines "board", "dentist", "direct primary care agreement", and "direct dental practice".
Proposed law stipulates that a direct primary care agreement with a dental practice is not health or
dental insurance, that a patient shall not forfeit their insurance, Medicaid, or Medicare benefits by
purchasing a direct primary care agreement and 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.
Proposed law provides 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.
Proposed law provides 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.
Proposed law 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.
Proposed law 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. Proposed law 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. Proposed law 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.
Proposed law provides for prohibited and authorized practices. Proposed law authorizes the board to promulgate rules and regulations to effectuate proposed law.
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)
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Health and Welfare to the
original bill
1. Adds prohibited and authorized practices.
2. Makes technical corrections.