Direct primary care practices may not decline to accept a new direct primary care patient or discontinue care to an existing patient solely because of the patient’s health status. A direct practice may decline to accept a patient if the practice has reached its maximum capacity, or if the patient’s medical condition is such that the provider is unable to provide the appropriate level and type of primary care services the patient requires. So long as the direct primary care practice provides the patient notice and opportunity to obtain care from another physician, the direct primary care practice may discontinue care for a direct primary care patient if:

(1) The patient fails to pay the periodic fee;

Terms Used In South Dakota Codified Laws 34-54-4

  • Fraud: Intentional deception resulting in injury to another.

(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 and presents an emotional or physical danger to the staff or other patients of the direct practice; or

(5) The direct primary care practice discontinues operation as a direct primary care practice.

Source: SL 2021, ch 159, § 4.