I will continue to update this blog post as additional information arrives throughout this legislative season:

Federal Efforts:

H.R.3436 - Direct Primary Care Accessibility Act of 2021 has been authored by Representative Matt Rosendale (MT-AL). It would remove the assumption that DPC memberships are an ERISA plan when sponsored by an employer. This would reduce administrative burdens on employers and brokers when an employer elected to sponsor DPC memberships for employees. (Historically ERISA has not really been much of a direct burden on DPC practices in terms of administrative work.) Please note that an ERISA Plan is not equal to a (state defined) insurance plan which is also not equal to a “gap plan” as discussed on the tax page.

State Updates:

Wisconsin SB 889 is a well written bill defining DPC as outside of insurance in a clear an concise manner. The bill will be considered first in the Senate Committee on Government Operations, Legal Review and Consumer Protection.