SB 234

Session
Regular Session 2018
Title
Chiropractors, chiropractic agreements with patients, not considered insurance, license to sell or market not required, requirements for agreement established, discontinuance of services under the agreement, Ala. Chiropractors Direct Pay Act
Description

This bill would define an agreement between a chiropractor and a patient to provide chiropractic services to the patient for an agreed upon fee and time period as a chiropractic agreement and would provide that the agreement is not insurance

This bill would provide that a chiropractor offering, marketing, selling, or entering into a chiropractic agreement is not required to obtain an additional license or certificate of authority from any state entity and would require that the agreement meet certain requirements

This bill would also establish minimum requirements for a chiropractic agreement and would provide for the discontinuance of care for a patient under an agreement under certain conditions

Relating to health care; to provide that a chiropractic agreement, as defined, is not to be regulated as insurance; to provide that a chiropractor offering, marketing, selling, or entering into a chiropractic agreement is not required to obtain an additional license or certificate of authority; to require that a chiropractic agreement meet certain requirements; and to provide for the discontinuance of care for a patient under an agreement under certain conditions.

Subjects
Health
View Original PDF: SB 234 - Introduced - PDF

This bill would define an agreement between a chiropractor and a patient to provide chiropractic services to the patient for an agreed upon fee and time period as a chiropractic agreement and would provide that the agreement is not insurance

This bill would provide that a chiropractor offering, marketing, selling, or entering into a chiropractic agreement is not required to obtain an additional license or certificate of authority from any state entity and would require that the agreement meet certain requirements

This bill would also establish minimum requirements for a chiropractic agreement and would provide for the discontinuance of care for a patient under an agreement under certain conditions

Relating to health care; to provide that a chiropractic agreement, as defined, is not to be regulated as insurance; to provide that a chiropractor offering, marketing, selling, or entering into a chiropractic agreement is not required to obtain an additional license or certificate of authority; to require that a chiropractic agreement meet certain requirements; and to provide for the discontinuance of care for a patient under an agreement under certain conditions.

Section 1

This act shall be known and may be cited as the Alabama Chiropractor Direct Pay Act.

Section 2

(a) For the purposes of this section, the following words shall have the following meanings: (1) CHIROPRACTOR. A person licensed to practice chiropractic in this state. (2)CHIROPRACTIC AGREEMENT or AGREEMENT. A contract between a chiropractor and a patient or his or her legal representative in which the chiropractor or the chiropractor's chiropractic practice agrees to provide chiropractic services to the patient for an agreed upon fee and period of time. (3) CHIROPRACTIC PRACTICE. A chiropractor or a chiropractic practice of a chiropractor that charges a periodic fee for chiropractic services and which does not bill a third party any additional fee for services for patients covered under a chiropractic agreement. The per visit charge of the practice shall be less than the monthly equivalent of the periodic fee. (b) A chiropractic agreement is not insurance, may not be deemed an insurance arrangement, and is not subject to state insurance laws. (c) A patient or legal representative shall not forfeit any insurance benefits or Medicare benefits by purchasing medical services or products outside the system. (d) A chiropractor offering, marketing, selling, or entering into a chiropractic agreement may not be required to obtain a certificate of authority or license other than to maintain a current license to practice chiropractic in this state. (e) A chiropractic agreement is not a discount medical plan. (f) To be considered a chiropractic agreement for the purposes of this section, the agreement shall satisfy all of the following: (1) Be in writing. (2) Be signed by a chiropractor, or agent of the chiropractor, and the patient or his or her legal representative. (3) Allow either party to terminate the agreement upon written notice of at least 30 days to the other party. (4) Describe the scope of health care services that are covered by the periodic fee. (5) Specify the periodic fee and any additional fees outside of the periodic fee for ongoing health care. (6) Specify the duration of the agreement and any automatic renewal periods and require that no more than 12 months of the periodic fee be paid in advance. (7) Prominently state in writing that is conspicuously visible and in bold font all of the following: a. The agreement does not constitute health insurance of the laws of this state. b. An uninsured patient that enters into an agreement may still be subject to tax penalties under the Patient Protection and Affordable Care Act, Public Law 111-148, for failing to obtain insurance. c. Patients insured by health insurance plans that are compliant with the Patient Protection and Affordable Care Act already have coverage for certain preventive care benefits at no cost to the patient. d. Payments made by a patient for services rendered under a chiropractic agreement may not count toward the patient's health insurance deductibles and maximum out-of-pocket expenses. e. A patient is encouraged to consult with the patient's health insurance plan before entering into the agreement and receiving care. (8) Provide that, upon termination of the agreement by the patient, all unearned fees are to be returned to the patient. (g) A chiropractor providing chiropractic services under a chiropractic agreement may decline to accept a patient if, in the chiropractor's opinion, the patient's medical condition is such that the provider is unable to provide the appropriate level and type of health care the patient requires. The chiropractor may discontinue care for patients under the chiropractic agreement under any of the following conditions: (1) The patient fails to pay the periodic fee. (2) The patient has performed an act of fraud. (3) The patient repeatedly fails to adhere to the recommended treatment plan. (4) The patient is abusive or presents an emotional or physical danger to the staff or other patients of the chiropractic practice. (5) The chiropractor or the chiropractor's chiropractic practice discontinues operation as a chiropractic practice. (6) Any other condition consistent with the Chiropractic Practice Act or the rules of the Alabama State Board of Chiropractic Examiners.

Section 3

This act shall become effective on the first day of the third month following its passage and approval by the Governor, or its otherwise becoming law.

No articles found.
Action Date Chamber Action
March 20, 2018SAssigned Act No. 2018-390.
March 20, 2018SEnrolled
March 20, 2018HSignature Requested
March 20, 2018SPassed Second House
March 15, 2018HMotion to Read a Third Time and Pass adopted Roll Call 869
March 15, 2018HThird Reading Passed
February 22, 2018HRead for the second time and placed on the calendar
February 6, 2018HRead for the first time and referred to the House of Representatives committee on Insurance
February 6, 2018SMotion to Read a Third Time and Pass adopted Roll Call 310
February 6, 2018SThird Reading Passed
February 1, 2018SRead for the second time and placed on the calendar
January 25, 2018SRead for the first time and referred to the Senate committee on Health and Human Services
2018-03-15
Chamber: House
Result: Passed
2018-02-06
Chamber: Senate
Result: Passed