34-54-3. Requirements.
To be considered a direct primary care agreement for the purposes of this chapter, the agreement must meet all of the following requirements:
(1)Be in writing;
(2)Be signed by the primary care provider or agent of the primary care provider and the individual patient or his or her legal representative;
(3)Allow either party to terminate the agreement on written notice to the other party;
(4)Describe the scope of primary 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 care under the agreement;
(6)Specify the duration of the agreement and any automatic renewal periods;
(7)Require that no more than twelve months of the periodic fee be paid in advance and that upon discontinuing the agreement, all unearned funds are returned to the patient; and
(8)Prominently state in writing that the agreement is not health insurance.
Source: SL 2021, ch 159, ยง 3.
Structure South Dakota Codified Laws