(1) The board of directors of the plan shall consist of not less than five or more than nine persons serving terms as established in the plan of operation. The department shall approve and appoint to the board persons recommended by the member HMOs. In the event the department finds that any recommended person does not meet the qualifications for service on the board, the department shall request the member HMOs to recommend another person. Each member shall serve for a 4-year term and may be reappointed, except that terms may be staggered as defined in the plan of operation. Vacancies on the board shall be filled for the remaining period of the term in the same manner as initial appointments. In determining voting rights, each HMO is entitled to vote on the basis of cumulative weighted voting based on the net written premium for non-Medicare and non-Medicaid policies.
(2) In appointing members to the board, the department shall consider, among other things, whether all member HMOs are fairly represented.
(3) Members of the board may be reimbursed from the assets of the plan for expenses incurred by them as members of the board of directors, but members of the board shall not otherwise be compensated by the plan for their services.
(4) The board of directors shall elect one of its members as chair.
(5) The board may contract with an administrator to carry out the provisions of this part; however, this shall not relieve the board of its duties and obligations under this part.
(6) The board shall collect assessments from all HMOs as set forth in this part.
(7) Subject to the approval of the department, the board shall designate one representative to serve as a member of the board of directors of the Florida Life and Health Insurance Guaranty Association pursuant to s. 631.716(1). The representative, or his or her alternate, has the right to be present during all meetings of the association board of directors and shall have full voting rights.
History.—ss. 1, 23, ch. 88-388; ss. 104, 187, 188, ch. 91-108; s. 4, ch. 91-429; s. 415, ch. 97-102; s. 7, ch. 2019-83.
Structure Florida Statutes
Chapter 631 - Insurer Insolvency; Guaranty of Payment
Part IV - Health Maintenance Organization Consumer Assistance Plan (Ss. 631.811-631.828)
631.812 - Purpose; construction.
631.813 - Application of part.
631.815 - Florida Health Maintenance Organization Consumer Assistance Plan.
631.818 - Powers and duties of the plan.
631.821 - Powers and duties of the department.
631.823 - Examination of the plan; annual report.
631.826 - Extent of liability of plan.
631.827 - Prohibited advertisement.
631.828 - Assessments against member HMOs; income tax credit for assessments paid.