(1) The office may suspend the authority of a discount plan organization to enroll new members, revoke any license issued to a discount plan organization, or order compliance if the office finds that any of the following conditions exist:
(a) The organization is not operating in compliance with this part.
(b) The organization does not have the minimum net worth as required by this part.
(c) The organization has advertised, merchandised, or attempted to merchandise its services in such a manner as to misrepresent its services or capacity for service or has engaged in deceptive, misleading, or unfair practices with respect to advertising or merchandising.
(d) The organization is not fulfilling its obligations as a discount plan organization.
(e) The continued operation of the organization would be hazardous to its members.
(2) If the office has cause to believe that grounds for the suspension or revocation of a license exist, the office must notify the discount plan organization in writing specifically stating the grounds for suspension or revocation and shall pursue a hearing on the matter in accordance with chapter 120.
(3) When the license of a discount plan organization is surrendered or revoked, such organization must proceed, immediately following the effective date of the order of revocation, to wind up its affairs transacted under the license. The organization may not engage in any further advertising, solicitation, collecting of fees, or renewal of contracts.
(4) The office shall, in its order suspending the authority of a discount plan organization to enroll new members, specify the period during which the suspension is to be in effect and the conditions, if any, which must be met by the discount plan organization before reinstatement of its license to enroll new members. The order of suspension is subject to rescission or modification by further order of the office before the expiration of the suspension period. Reinstatement may not be made unless requested by the discount plan organization; however, the office may not grant reinstatement if it finds that the circumstances for which the suspension occurred still exist or are likely to recur.
History.—s. 31, ch. 2004-297; s. 22, ch. 2017-112.
Structure Florida Statutes
Chapter 636 - Prepaid Limited Health Service Organizations and Discount Plan Organizations
Part II - Discount Plan Organizations (Ss. 636.202-636.244)
636.205 - Issuance of license; denial.
636.206 - Examinations and investigations.
636.207 - Applicability of part.
636.208 - Fees; charges; reimbursement.
636.210 - Prohibited activities of a discount plan organization.
636.214 - Provider agreements.
636.220 - Minimum capital requirements.
636.223 - Administrative penalty.
636.224 - Notice of change of name or address of discount plan organization.
636.226 - Provider name listing.
636.228 - Marketing of discount plans.
636.230 - Bundling discount plans with other products.
636.234 - Service of process on a discount plan organization.
636.236 - Surety bond or security deposit.