Florida Statutes
Part I - Prepaid Limited Health Service Organizations (Ss. 636.002-636.067)
636.028 - Notice of cancellation of contract.


(1) The subscriber’s behavior is disruptive, unruly, abusive, unlawful, fraudulent, or uncooperative to the extent that the subscriber’s continuing participation seriously impairs the organization’s ability to provide services to other subscribers.
(2) Fraud or material misrepresentation in applying for or presenting any claim for benefits under the contract.
(3) Misuse of the documents provided as evidence of benefits available pursuant to the contract.
(4) Furnishing to the organization, by the subscriber, incorrect or incomplete information for the purposes of fraudulently obtaining services.

Prior to disenrollment, the organization must make an effort to resolve the problem through the grievance procedure and must determine that the subscriber’s behavior is not due to use of the services provided or mental illness. All prepaid limited health services contracts must contain a clause which requires that this notice be given. In the case of a prepaid limited health services contract issued to an employer holding the contract on behalf of the subscriber group, the prepaid limited health service organization may make the notification through the employer, and, if the prepaid limited health service organization elects to take this action through the employer, the organization shall be deemed to have complied with the provisions of this section upon notifying the employer of the requirements of this section and requesting the employer to forward the required notice to all subscribers.

History.—s. 23, ch. 93-148.

Structure Florida Statutes

Florida Statutes

Title XXXVII - Insurance

Chapter 636 - Prepaid Limited Health Service Organizations and Discount Plan Organizations

Part I - Prepaid Limited Health Service Organizations (Ss. 636.002-636.067)

636.002 - Short title.

636.003 - Definitions.

636.004 - Applicability of other laws.

636.005 - Incorporation required; exceptions.

636.006 - Insurance business not authorized.

636.007 - Certificate of authority required.

636.008 - Application for certificate of authority.

636.009 - Issuance of certificate of authority; denial.

636.012 - Continued eligibility for certificate of authority.

636.0145 - Certain entities contracting with Medicaid.

636.015 - Language used in contracts and advertisements; translations.

636.0155 - Disclosures required in contracts and marketing materials.

636.016 - Prepaid limited health service contracts.

636.017 - Rates and charges.

636.018 - Changes in rates and benefits; material modifications; addition of limited health services.

636.019 - Additional contract contents.

636.0201 - Genetic information restrictions.

636.022 - Restrictions upon expulsion or refusal to issue or renew contract.

636.023 - Charter; bylaw provisions.

636.024 - Execution of contracts.

636.025 - Validity of noncomplying contracts.

636.026 - Construction of contracts.

636.027 - Delivery of contract.

636.028 - Notice of cancellation of contract.

636.029 - Construction and relationship with other laws.

636.032 - Acceptable payments.

636.033 - Certain words prohibited in name of organization.

636.034 - Extension of benefits.

636.035 - Provider arrangements.

636.036 - Administrative, provider, and management contracts.

636.037 - Contract providers.

636.038 - Complaint system; annual report.

636.039 - Examination by the office.

636.042 - Assets, liabilities, and investments.

636.043 - Annual, quarterly, and miscellaneous reports.

636.044 - Agent licensing.

636.045 - Minimum surplus requirements.

636.046 - Insolvency protection.

636.047 - Officers’ and employees’ fidelity bond.

636.048 - Suspension or revocation of certificate of authority; suspension of enrollment of new subscribers; terms of suspension.

636.049 - Administrative penalty in lieu of suspension or revocation.

636.052 - Civil remedy.

636.053 - Injunction.

636.054 - Payment of judgment by prepaid limited health service organization.

636.055 - Levy upon deposit limited.

636.056 - Rehabilitation, conservation, liquidation, or reorganization; exclusive methods of remedy.

636.057 - Fees.

636.058 - Investigative power of department and office.

636.059 - Unfair methods of competition, unfair or deceptive acts or practices defined.

636.062 - Appeals from the office or department.

636.063 - Civil liability.

636.064 - Confidentiality.

636.065 - Acquisitions.

636.066 - Taxes imposed.

636.067 - Rules.