TALLAHASSEE, Fla. (Oct. 19, 2015) – Bills recently filed in the Florida legislature would help facilitate healthcare freedom and set the stage to nullify Obamacare in practice.
Rep. Fred Costello introduced House Bill 37 (HB37) in August. Sen. Denise Grimsley introduced a companion bill (SB132) in the Senate. The legislation specifies that direct primary care agreements (sometimes called medical retainer agreements) do not constitute insurance, thereby freeing doctors and patients from the onerous requirements and regulations under the state insurance code.

A direct primary care agreement does not constitute insurance and is not subject to the Florida Insurance Code, including chapter 636. The act of entering into a direct primary care agreement does not constitute the business of insurance and is not subject to the Florida Insurance Code, including chapter

In a direct primary care agreement, patients contract with a physician and pay a monthly fee. In return, they have unlimited access to basic primary care. Some of the benefits can include same-day appointments, extended service hours, around the clock access to doctors and basic diagnostic testing. Some physicians include other services such as stitches, discounted prescriptions, EKGs and other treatments.

By removing these plans from the umbrella of state insurance regulation, it opens the door for more doctors to offer such arrangements. This creates new options for patients, representing a net gain in healthcare freedom.

According to Michigan Capitol Confidential, by removing a third party payer from the equation, medical retainer agreements help both physicians and patients minimize costs. Jack Spencer writes:

Under medical retainer agreements, patients make monthly payments to a physician who in return agrees to provide a menu of routine services at no extra charge. Because no insurance company stands between patient and doctor, the hassles and expense of bureaucratic red tape are eliminated, which have resulted in dramatic cost reductions. Routine primary care services (and the bureaucracy required to reimburse them) are estimated to consume 40 cents out of every dollar spent on insurance policies, so lower premiums for a given amount of coverage are another potential benefit.

This represents the kind of cost control Obamacare promised, but failed to deliver.

Under Obamacare, regulations define such programs as a primary care service and not a health insurance plan, and current IRS policy treats these monthly fee arrangements just like another health plan.

Several states including Idaho, Oklahoma, Mississippi, Texas and Missouri passed similar bills in 2015.


Oftentimes, supporters of Obamacare criticize opponents for not having any alternative. Direct primary care offers one.

These direct patient/doctor agreements allow a system uncontrolled by government regulations to develop. It makes doctors responsive to patients, not insurance company bureaucrats or government rule-makers. Allowing patients to contract directly with doctors via medical retainer agreements opens the market. Under such agreements, market forces will set price for services based on both demand instead of relying on central planners with a political agenda. The end-result will be better care delivered at a lower cost.

A free healthcare marketplace within a state will help spur de facto nullification the federal program by providing an affordable alternative. As patients flock to these arrangements, the old system will begin to crumble.

Passage of HB37 and SB132 would represent a first step toward healthcare freedom in Florida, and would create a stepping stone to further action to nullify the onerous Affordable Care act. Once in place, Floridians can take further steps to fully extricate itself from Obamacare for good.

HB37 was referred to to the House Committee on Health Policy; Banking and Insurance for further consideration. SB132 was referred to the Senate Committee on Committee on Health Policy; Banking and Insurance.

For more information on a plan to nullify the PPACA, click HERE.

Mike Maharrey

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