Florida Statutes Part II - Prepaid Health Clinics (Ss. 641.40-641.459)

• 641.40 - Short Title.
  This part shall be known and may be cited as the “Prepaid Health Clinic Act.”History.—ss. 10, 11, ch. 84-313; ss. 187, 188, ch. 91-108; s....
• 641.401 - Declaration Of Legislative Intent, Findings, And Purposes.
  (1) Faced with the continuation of mounting health care costs, coupled with the interest of the state in high-quality care, the Legislature has determined that there...
• 641.4015 - Part Exclusive; Applicability Of Other Laws.
  Except as provided in this part, prepaid health clinics shall be covered by the provisions of this part and shall be exempt from all other...
• 641.402 - Definitions.
  As used in this part, the term:(1) “Basic services” includes any of the following: emergency care, physician care other than hospital inpatient physician services, ambulatory diagnostic...
• 641.403 - Rulemaking Authority.
  The commission may adopt rules pursuant to ss. 120.536(1) and 120.54 to implement the provisions of this part.History.—ss. 10, 11, ch. 84-313; s. 13, ch....
• 641.405 - Application For Certificate Of Authority To Operate Prepaid Health Clinic.
  (1) No person may operate a prepaid health clinic without first obtaining a certificate of authority from the office. The office shall not issue a certificate...
• 641.406 - Issuance Of Certificate Of Authority.
  The office shall issue a certificate of authority for a prepaid health clinic to any applicant filing a properly completed application in conformity with s....
• 641.4065 - Insurance Business Not Authorized.
  Nothing in the Florida Insurance Code or this part shall be deemed to authorize any prepaid health clinic to transact any insurance business other than...
• 641.407 - Minimum Surplus.
  (1) Each prepaid health clinic shall have and maintain minimum surplus in accordance with the following schedule: On January 1, 1996, $150,000 or 10 percent of...
• 641.408 - Use Of Certain Words Prohibited In The Name Of A Prepaid Health Clinic.
  (1) No person issued a certificate of authority as a prepaid health clinic, other than a licensed insurer, insofar as its name is concerned, shall use...
• 641.409 - Insolvency Protection.
  (1) Every prepaid health clinic shall comply with one of the following paragraphs:(a) The prepaid health clinic shall secure insurance to the satisfaction of the office to...
• 641.4091 - Levy Upon Deposit; Limitation.
  No judgment creditor or other claimant of a prepaid health clinic shall have the right to levy upon any of the assets or securities held...
• 641.41 - Annual Report Of Prepaid Health Clinic; Administrative Penalty.
  (1) Each prepaid health clinic shall file a report with the office, annually on or before March 1, or within 3 months of the end of...
• 641.411 - Other Reporting Requirements.
  (1) Each prepaid health clinic shall provide records and information to the Agency for Health Care Administration pursuant to s. 409.910(20) and (21) for the sole...
• 641.412 - Fees.
  (1) Every prepaid health clinic shall pay to the office the following fees:(a) For filing a copy of its application for a certificate of authority or an...
• 641.414 - Investment Of Funds Of Prepaid Health Clinic.
  The funds of any prepaid health clinic shall be invested only in securities permitted by the laws of this state for the investment of assets...
• 641.416 - Acquisition.
  Every prepaid health clinic shall be subject to the provisions of s. 628.4615.History.—ss. 10, 11, ch. 84-313; ss. 14, 17, ch. 86-250; s. 4, ch....
• 641.418 - Examination Of Prepaid Health Clinic By The Office.
  The office shall examine the affairs, transactions, accounts, business records, and assets of any prepaid health clinic as often as the office deems it expedient...
• 641.419 - Rehabilitation, Liquidation, Conservation, Or Dissolution Of Prepaid Health Clinic.
  Any rehabilitation, liquidation, conservation, or dissolution of a prepaid health clinic shall be conducted under the supervision of the department. The department shall have all...
• 641.42 - Prepaid Health Clinic Contracts.
  (1) Any applicant that has been issued a certificate of authority for a prepaid health clinic, which certificate of authority is subsisting and otherwise in compliance...
• 641.421 - Language Used In Contracts And Advertisements; Translations.
  (1)(a) All prepaid health clinic contracts or forms shall be printed in English.(b) If the negotiations by a prepaid health clinic with a subscriber leading up to...
• 641.422 - Contract Provisions Incorporating Charter Or Bylaw Provisions.
  No prepaid health clinic contract shall contain any provision purporting to make a portion of the charter, bylaws, or other constituent document of the clinic...
• 641.423 - Execution Of Contracts.
  (1) Every prepaid health clinic contract shall be executed in the name of, and on behalf of, the clinic by an officer or employee of the...
• 641.424 - Validity Of Noncomplying Contracts.
  (1) Any prepaid health clinic contract, or contract rider, endorsement, attachment, or addendum, that contains any condition or provision not in compliance with the requirements of...
• 641.425 - Construction Of Contracts.
  (1) Every prepaid health clinic contract shall be construed according to the entirety of its terms and conditions as set forth in the contract and as...
• 641.426 - Delivery Of Contract To Subscriber.
  Unless delivered upon execution or issuance, every prepaid health clinic contract shall be mailed or delivered to the subscriber within 10 days of its execution...
• 641.427 - Notice Of Cancellation, Termination, Or Nonrenewal Of Contract.
  A prepaid health clinic may not cancel or otherwise terminate or fail to renew a prepaid health clinic contract without giving the subscriber at least...
• 641.428 - Nondiscrimination Of Coverage For Certain Surgical Procedures Involving Bones Or Joints.
  No prepaid health clinic contract or policy which provides coverage on a group or individual basis for any diagnostic or surgical procedure involving bones or...
• 641.429 - Acceptable Payments To Prepaid Health Clinic.
  Each prepaid health clinic may accept payments from governmental agencies, corporations, associations, groups, or individuals, which payments cover all or part of the cost of...
• 641.43 - Provider Contracts.
  Whenever a prepaid health clinic provides services to subscribers through an arrangement with a provider, there shall be a written contract with the provider. The...
• 641.432 - Providers Of Service; Penalty For Unauthorized Use Of Providers; Interference With Judgment Prohibited.
  (1) Any prepaid health clinic which utilizes the services of a provider who is not licensed or otherwise authorized by law to provide such services is...
• 641.437 - Investigatory Power Of Office.
  The office has the power to examine and investigate the affairs of every person, entity, or prepaid health clinic in order to determine whether the...
• 641.438 - Genetic Information Restrictions.
  A prepaid health clinic must comply with the provisions of s. 627.4301.History.—s. 6, ch. 97-182.
• 641.44 - Unfair Methods Of Competition And Unfair Or Deceptive Acts Or Practices Prohibited.
  No person, entity, or prepaid health clinic shall engage in this state in any trade practice which is defined in this part as, or determined...
• 641.441 - Unfair Methods Of Competition And Unfair Or Deceptive Acts Or Practices Defined.
  The following are defined as unfair methods of competition and unfair or deceptive acts or practices:(1) MISREPRESENTATION AND FALSE ADVERTISING OF PREPAID HEALTH CLINIC CONTRACTS.—Knowingly making,...
• 641.442 - Penalty For Operation Of Prepaid Health Clinic, Or Issuance, Delivery, Or Renewal Of Prepaid Health Clinic Contract, Without Certificate Of Authority.
  Any person or entity that operates a prepaid health clinic, or issues, delivers, or renews any prepaid health clinic contract, without first obtaining and then...
• 641.443 - Temporary Restraining Orders.
  (1) The office is vested with the power to seek a temporary restraining order:(a) On behalf of the office or on behalf of a subscriber or subscribers...
• 641.444 - Injunction.
  In addition to the penalties and other enforcement provisions of this part, if a person, entity, or prepaid health clinic has engaged in any activity...
• 641.445 - Defined Practices; Hearings, Witnesses, Appearances, Production Of Books, And Service Of Process.
  (1) Whenever the office has reason to believe that a person, entity, or prepaid health clinic has engaged, or is engaging, in this state in any...
• 641.446 - Cease And Desist And Penalty Orders.
  After the hearing provided in s. 641.445, the office shall enter a final order in accordance with s. 120.569. If it is determined that the...
• 641.447 - Appeal From Order.
  Any person, entity, or prepaid health clinic that is subject to an order of the office under s. 641.446 may obtain a review of the...
• 641.448 - Penalty For Violation Of Cease And Desist Order.
  Any person, entity, or prepaid health clinic that violates a cease and desist order of the office under s. 641.446 while such order is in...
• 641.45 - Revocation Or Cancellation Of Certificate Of Authority; Suspension Of Authority To Enroll New Subscribers; Terms Of Suspension.
  (1) The maintenance of a valid and current Health Care Provider Certificate issued pursuant to part III of this chapter is a condition of the maintenance...
• 641.452 - Administrative Penalty In Lieu Of Suspension Or Revocation Of Certificate Of Authority.
  The office may, in lieu of suspension or revocation of a certificate of authority, levy an administrative penalty in an amount not more than $10,000...
• 641.453 - Civil Liability.
  The provisions of this part are cumulative to the rights under the general civil law and common law, and no action of the office shall...
• 641.454 - Civil Action To Enforce Prepaid Health Clinic Contract; Attorney’s Fees; Court Costs.
  In any civil action brought to enforce the terms and conditions of a prepaid health clinic contract, the prevailing party is entitled to recover reasonable...
• 641.455 - Disposition Of Moneys Collected Under This Part.
  Fees, administrative penalties, examination expenses, and other sums collected by the office under this part shall be deposited to the credit of the Insurance Regulatory...
• 641.457 - Exemption For Certain Operational Prepaid Health Clinics.
  The provisions of this part do not apply to those prepaid health clinics providing the services defined in ss. 641.40 through 641.459, which clinics have...
• 641.459 - Construction And Relationship To Other Laws.
  (1) Except as provided in this part, the Florida Insurance Code, as defined in s. 624.01, does not apply to prepaid health clinics certificated under this...

Last modified: September 23, 2016