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, § 3.
South Dakota Legal Code