South Dakota Codified Laws 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;
Terms Used In South Dakota Codified Laws 34-54-3
- written: include typewriting and typewritten, printing and printed, except in the case of signatures, and where the words are used by way of contrast to typewriting and printing. See South Dakota Codified Laws 2-14-2
(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, § 3.