New York Membership Agreement Sample: 5 Things To Have According to a Lawyer

Before you download another membership agreement sample, ask yourself one question: Was it written for a New York concierge practice, or was it copied from another state?

Many physicians and midwives looking to launch a concierge or direct-pay practice start with a free online template, only to discover that what works in another state can create significant legal issues in New York. That's because New York has unique laws governing healthcare practices, and the way your membership is structured can determine whether your subscription is viewed as a lawful concierge arrangement or something that raises insurance or regulatory concerns. The services you include, how you describe them, and even how you handle refunds and cancellations all matter. A generic template simply can't account for your practice model or New York's legal requirements.

Here are five provisions every New York concierge membership agreement should have and why.

No.1 Your Direct Primary Care Contract Should Clearly Define What's Included

The single most important section of your membership agreement isn't the payment terms, it's the services your patients are actually paying to receive. In New York, this section can have implications far beyond patient expectations. If your agreement promises broad or unlimited medical care without clearly defining what is included and what is excluded, you may unintentionally create regulatory concerns or invite disputes with patients.

That doesn't mean your agreement needs a long checklist of every service you might offer. Instead, it should clearly define each membership benefit. For example, if your membership includes an annual wellness exam, explain what that actually covers. Does it include routine preventive screening? Medication management? Lab review? Care planning? Just as importantly, identify services that require an additional fee or are billed separately, such as laboratory testing, imaging, procedures, vaccines, or specialist referrals.

Clear definitions do more than help with legal compliance, they help build trust. One of the fastest ways to create unhappy patients, refund requests, or credit card chargebacks is when a patient believes a service was included and your practice believes it was not. A well-written membership agreement sets expectations before the first appointment so there are fewer surprises later.

Related: If a patient stops paying or disputes a membership charge, learn what happens next in our guide to What Happens When a Patient Refuses to Pay a Concierge Membership Fee.

If you're launching or updating a concierge or direct primary care practice in New York, our firm helps physicians and midwives draft membership agreements that are tailored to New York law, not copied from generic online templates. Learn more about our New York Healthcare Legal Services.

No. 2. Your Membership Agreement Should Include a Legally Compliant Exit Strategy

A free membership agreement sample may include a simple provision allowing either party to terminate the agreement at any time. While that may sound reasonable from a business perspective, healthcare practices in New York have an additional responsibility that generic templates often overlook: ending the membership cannot result in patient abandonment.

For physicians, New York Education Law § 6530(3) defines professional misconduct to include abandoning or neglecting a patient who is in need of immediate professional care without making reasonable arrangements for the continuation of that care, or leaving a professional position without reasonable notice when doing so seriously impairs patient care.

That means if a concierge patient stops paying, repeatedly misses appointments, or otherwise violates your membership agreement, you may not always be able to terminate the physician-patient or midwife-patient relationship immediately. If the patient has ongoing clinical needs, you should follow a process that provides reasonable notice, allows time to obtain alternative care, and includes appropriate referrals or other reasonable arrangements to ensure continuity of care. Your membership agreement should distinguish between terminating the financial membership and ending the clinical relationship, because they are not always the same thing.

Working with a New York healthcare lawyer at Edmonds Law Office can help ensure your membership agreement and patient communications align with New York's professional obligations while protecting your practice from unnecessary risk.

Need patient forms that do more than collect signatures? Learn how our CareShield package provides customized patient consents and practice documents designed to comply with New York law and support your concierge practice from day one.

No. 3. Don't Rely on a Membership Agreement Sample to Protect Your Cash Flow

A generic membership agreement sample might tell your patients that membership fees are due monthly or annually, but that alone won't protect your practice from payment disputes, failed renewals, or credit card chargebacks. A well-drafted concierge membership agreement should clearly explain when payments are due, whether memberships automatically renew, your refund policy, how failed payments are handled, and what happens if a patient stops paying. Clear expectations reduce misunderstandings and make it much easier to enforce your agreement if a dispute arises.

In New York, however, your written agreement is only part of the equation. Your payment process must also comply with Public Health Law § 18-c, which requires separate consent for treatment and consent for payment. Under the law, patients must first consent to receiving healthcare services. Only after treatment has been provided—and after they've had an opportunity to discuss the associated costs—may they provide consent for payment. Payment consent must be explicit; it cannot be implied or buried within another authorization. In other words, having a patient sign a membership agreement at enrollment does not eliminate your obligation to follow New York's consent requirements during the course of treatment.

That's why it's important to think beyond the contract itself. Your membership agreement, patient intake forms, payment authorizations, and office workflow should all work together to support compliance. Even the strongest contract can leave gaps if your day-to-day patient process doesn't align with New York law.

The New York Department of Health provides additional information regarding healthcare laws and patient rights through the New York Department of Health.

Need a concierge membership agreement that protects your revenue and supports a compliant patient payment process? Learn more about Edmonds Law's New York Concierge Practice Legal Services, where we help physicians and midwives build legally sound membership agreements, patient consents, and workflows tailored to New York law.

No. 4. A Concierge Membership Agreement Sample Won't Include the Disclosures Required by New York Law

One of the biggest shortcomings of a generic concierge membership agreement sample is that it assumes every practice is subject to the same disclosure requirements. In reality, the disclosures you need depend on your profession, your practice model, and the services you provide. Using a template written for another state, or even another specialty, can leave out information that New York law expects you to provide to patients.

For example, certified nurse midwives practicing in collaborative relationships should be aware that 8 N.Y.C.R.R. § 29.19 identifies certain failures relating to collaborative practice as professional misconduct. This includes failing to make information about those collaborative relationships available to patients. If your practice is subject to these requirements, your patient-facing documents should support your compliance efforts.

Likewise, physicians offering concierge or membership-based services should clearly disclose that a membership fee is not health insurance and does not replace a patient's obligation to maintain health insurance coverage or pay for services outside the scope of the membership. Depending on how your membership is structured and the services you include, additional disclosures may also be appropriate to address patient expectations, billing practices, telehealth services, prescription management, cancellation policies, and other practice-specific issues.

The takeaway is simple. Disclosure language is not "one size fits all." The right disclosures help patients understand exactly what they are purchasing while reducing regulatory risk for your practice. Missing or incomplete disclosures can create unnecessary licensing and compliance risks that no free template will identify.

Ready for a membership agreement built specifically for New York? Explore Edmonds Law's New York Healthcare Legal Services to learn how we help physicians, certified nurse midwives, and concierge practices develop customized membership agreements and patient documents designed to comply with New York law.

No. 5. Your Concierge Membership Agreement Should Set Clear Patient Expectations

A well-written membership agreement sample does more than explain your fees. It tells patients what they can realistically expect from your practice. This section is one of the easiest ways to build trust, prevent misunderstandings, and create an exceptional patient experience before the first appointment ever takes place.

Think about how your practice actually operates. Do you advertise same-day or next-day appointments? Are you available after hours, on weekends, or only for urgent medical concerns? How should patients contact you? Do you prefer a secure patient portal, text messages, phone calls, or email? If a patient sends a message through your portal on a Friday evening, when should they reasonably expect a response?

Many concierge practices market convenience, accessibility, and personalized care. Those benefits are valuable, but they should be described accurately. Promising 24/7 access sounds appealing until patients expect an immediate response at 2:00 a.m. Likewise, advertising unlimited messaging without establishing response times can create frustration for both you and your patients.

Your membership agreement should reflect the experience you intend to provide. By clearly defining communication methods, appointment availability, response times, office hours, and emergency procedures, you establish reasonable expectations from the beginning of the relationship. Patients appreciate knowing what to expect, and your team benefits from having clear boundaries that support consistent, high-quality care.

Ready to create a membership agreement that's customized for your practice instead of copied from a template? Schedule a free Fit Call with Edmonds Law to discuss your concierge practice, your goals, and how we can help you draft a New York-compliant membership agreement that protects your practice while giving patients confidence in the care you provide.

What are the key sections of a Medical Membership Agreement in New York?

A medical membership agreement should clearly explain what services are included in the membership, which services require additional payment, how membership fees are charged, and the circumstances under which either party may terminate the agreement. It should also describe how patients communicate with the practice, expected response times, cancellation and refund policies, and any required disclosures under applicable law. For concierge and direct-pay practices in New York, the agreement should be tailored to the specific practice model and comply with state healthcare laws and professional licensing requirements. A generic online template often overlooks these practice-specific and state-specific legal obligations.

What are the benefits of a concierge membership model?

A concierge membership model allows physicians and midwives to spend more time with fewer patients while creating a more predictable revenue stream. Instead of relying solely on insurance reimbursements, membership fees can support longer appointments, greater continuity of care, and a more personalized patient experience. Many healthcare professionals choose this model because it better aligns with how they want to practice medicine, allowing them to focus on patient relationships rather than high patient volume.