Florida Statutes
Part I - Prepaid Limited Health Service Organizations (Ss. 636.002-636.067)
636.046 - Insolvency protection.


(1) Except as required in subsection (2), each prepaid limited health service organization must deposit with the department cash or securities of the type eligible under s. 641.35 which must have at all times a market value in the amount set forth in this subsection. The amount of the deposit shall be reviewed annually or more often as the office deems necessary. The market value of the deposit must be $50,000.

(2)(a) If securities or assets deposited by a prepaid limited health service organization under this act are subject to material fluctuations in market value, the office may in its discretion require the organization to deposit and maintain on deposit additional securities or assets in an amount as may be reasonably necessary to assure that the deposit will at all times have a market value of not less than the amount specified under this section.
(b) If for any reason the market value of assets and securities of a prepaid limited health service organization held on deposit under this act falls below the amount required, the organization must promptly deposit other or additional assets or securities eligible for deposit sufficient to cure the deficiency. If the prepaid limited health service organization has failed to cure the deficiency within 30 days after receipt of notice by certified mail from the office, the office may revoke the certificate of authority of the prepaid limited health service organization.
(c) A prepaid limited health service organization may, at its option, deposit assets or securities in an amount exceeding its deposit required or otherwise permitted under this act for the purpose of absorbing fluctuations in the value of securities and assets deposited and to facilitate the exchange and substitution of securities and assets. During the solvency of the prepaid limited health service organization any excess must be released to the organization upon its request. During the insolvency of the prepaid limited health service organization, any excess deposit may be released only as provided in s. 625.62.

(3) All income from deposits belongs to the depositing prepaid limited health service organization and must be paid to it as it becomes available.
History.—s. 37, ch. 93-148; s. 1540, ch. 2003-261.

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.