Providing Care Through Private Direct Agreements

Description

Some physicians have responded to the economic pressures created by the managed care environment by offering patients the ability to pay a fixed fee in exchange for “concierge care” or “boutique medicine.” CMA generally “support[s] the right of physicians to contract directly with their patients for health care services” (CMA Policies HOD 406a-10 and HOD412a-10), and particularly “acknowledge[s] ‘concierge care’ as an option for providing medical care to patients in an ethically sound patient-centered environment.” (CMA Policies HOD 217a-3 and HOD 417a-09.) Although this is an accepted mode of practice and can be appropriate for certain patients, physicians should be aware that all private retainer agreements, including ones for the direct primary care model, can raise a number of legal and ethical issues. Provisions in the Patient Protection and Affordable Care Act also have an impact on physicians’ ability to offer concierge arrangements or private retainer agreements

James J. Eischen Jr., California Medical Association Health Law Library, Providing Care Through Private Direct Agreements, (Nov. 2018), https://www.cmadocs.org/store/info/productcd/0317/t/providing-and-collecting-for-care-through-concierge-boutique-arrangements-or-other-private-retainer-agreements.