(1) Except as provided in subsection (2), any person of this state who has lost their health care coverage provided in an HMO due to insolvency shall be eligible to obtain coverage as provided herein. Eligible persons include all persons who were eligible to receive health care services under that subscriber’s contract with the HMO.
(2)(a) A person shall cease to be covered by the plan after the plan has provided $300,000 in covered benefits for that person.
(b) A person shall cease to be covered by the plan upon failure to pay, or failure to have paid on their behalf, premiums as set by the board. Coverage shall cease following a reasonable grace period as set by the board.
(c) A person shall cease to be covered by the plan 6 months after the date of insolvency; however, if, at the time the plan’s responsibility would otherwise cease under this paragraph, the person is under treatment for an injury that occurred or an illness that was diagnosed while the person was covered by the insolvent HMO or the plan, the plan shall remain responsible for treatment of such injury or illness until treatment has been completed or until the conditions specified in paragraph (a) or paragraph (b) have been met.
History.—ss. 1, 23, ch. 88-388; ss. 105, 187, 188, ch. 91-108; s. 5, ch. 91-110; s. 4, ch. 91-429.
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.