Florida Statutes
Part I - Health Maintenance Organizations (Ss. 641.17-641.3923)
641.27 - Examination by the department.


(1) The office shall examine the affairs, transactions, accounts, business records, and assets of any health maintenance organization as often as it deems it expedient for the protection of the people of this state, but not less frequently than once every 5 years. However, except when the medical records are requested and copies furnished pursuant to s. 456.057, medical records of individuals and records of physicians providing service under contract to the health maintenance organization shall not be subject to audit, although they may be subject to subpoena by court order upon a showing of good cause. For the purpose of examinations, the office may administer oaths to and examine the officers and agents of a health maintenance organization concerning its business and affairs. The examination of each health maintenance organization by the office shall be subject to the same terms and conditions as apply to insurers under chapter 624. In no event shall expenses of all examinations exceed a maximum of $50,000 for any 1-year period. Any rehabilitation, liquidation, conservation, or dissolution of a health maintenance organization shall be conducted under the supervision of the department, which shall have all power with respect thereto granted to it under the laws governing the rehabilitation, liquidation, reorganization, conservation, or dissolution of life insurance companies.
(2) The office may contract, at reasonable fees for work performed, with qualified, impartial outside sources to perform audits or examinations or portions thereof pertaining to the qualification of an entity for issuance of a certificate of authority or to determine continued compliance with the requirements of this part, in which case the payment must be made directly to the contracted examiner by the health maintenance organization examined, in accordance with the rates and terms agreed to by the office and the examiner. Any contracted assistance shall be under the direct supervision of the office. The results of any contracted assistance shall be subject to the review of, and approval, disapproval, or modification by, the office.
History.—s. 11, ch. 72-264; s. 3, ch. 76-168; s. 1, ch. 77-457; ss. 2, 3, ch. 81-318; ss. 789, 804, 809(1st), ch. 82-243; s. 8, ch. 83-198; s. 14, ch. 85-177; s. 9, ch. 87-236; s. 12, ch. 88-388; ss. 117, 187, 188, ch. 91-108; s. 4, ch. 91-429; s. 161, ch. 98-166; s. 222, ch. 2000-160; s. 73, ch. 2000-318; s. 1570, ch. 2003-261; s. 9, ch. 2005-231.

Structure Florida Statutes

Florida Statutes

Title XXXVII - Insurance

Chapter 641 - Health Care Service Programs

Part I - Health Maintenance Organizations (Ss. 641.17-641.3923)

641.17 - Short title.

641.18 - Declaration of legislative intent, findings, and purposes.

641.183 - Statutory accounting procedures; transition provisions.

641.185 - Health maintenance organization subscriber protections.

641.19 - Definitions.

641.201 - Applicability of other laws.

641.2011 - Insurance holding companies.

641.2015 - Incorporation required.

641.2017 - Insurance business not authorized.

641.2018 - Limited coverage for home health care authorized.

641.20185 - High-deductible contracts for medical savings accounts.

641.2019 - Provider service network certificate of authority.

641.21 - Application for certificate.

641.215 - Conditions precedent to issuance or maintenance of certificate of authority; effect of bankruptcy proceedings.

641.217 - Minority recruitment and retention plans required.

641.22 - Issuance of certificate of authority.

641.221 - Continued eligibility for certificate of authority.

641.225 - Surplus requirements.

641.2261 - Application of solvency requirements to provider-sponsored organizations and Medicaid provider service networks.

641.227 - Rehabilitation Administrative Expense Fund.

641.228 - Florida Health Maintenance Organization Consumer Assistance Plan.

641.23 - Revocation or cancellation of certificate of authority; suspension of enrollment of new subscribers; terms of suspension.

641.234 - Administrative, provider, and management contracts.

641.2342 - Contract providers.

641.25 - Administrative penalty in lieu of suspension or revocation.

641.255 - Acquisition, merger, or consolidation.

641.26 - Annual and quarterly reports.

641.261 - Other reporting requirements.

641.27 - Examination by the department.

641.28 - Civil remedy.

641.281 - Injunction.

641.282 - Payment of judgment by health maintenance organization.

641.284 - Liquidation, rehabilitation, reorganization, and conservation; exclusive methods of remedy.

641.285 - Insolvency protection.

641.286 - Levy upon deposit limited.

641.29 - Fees.

641.30 - Construction and relationship to other laws.

641.3005 - Application of ch. 85-177.

641.3007 - HIV infection and AIDS for contract purposes.

641.305 - Language used in contracts and advertisements; translations.

641.309 - Standards for marketing to persons eligible for Medicare.

641.31 - Health maintenance contracts.

641.3101 - Additional contract contents.

641.31015 - Health maintenance organization or exclusive provider organization; disclosure of terms and conditions of plan.

641.3102 - Restrictions upon expulsion or refusal to issue or renew contract.

641.3103 - Charter, bylaw provisions.

641.3104 - Execution of contracts.

641.3105 - Validity of noncomplying contracts.

641.3106 - Construction of contracts.

641.3107 - Delivery of contract; definitions.

641.31071 - Preexisting conditions.

641.31072 - Special enrollment periods.

641.31073 - Prohibiting discrimination against individual participants and beneficiaries based on health status.

641.31074 - Guaranteed renewability of coverage.

641.31075 - Advanced practice registered nurse services.

641.31076 - Shared savings incentive program.

641.31077 - Coverage for organ transplants.

641.3108 - Notice of cancellation of contract.

641.31085 - Disclosures to subscribers; coverage of behavioral health care services.

641.31094 - Nondiscrimination of coverage for certain surgical procedures involving bones or joints.

641.31095 - Coverage for mammograms.

641.31096 - Requirements with respect to breast cancer and routine followup care.

641.31097 - Decreasing inappropriate utilization of emergency care.

641.31098 - Coverage for individuals with developmental disabilities.

641.31099 - Restrictions on use of state and federal funds for state exchanges.

641.3111 - Extension of benefits.

641.312 - Scope.

641.313 - Health maintenance contracts; cancer treatment parity; orally administered cancer treatment medications.

641.314 - Pharmacy benefit manager contracts.

641.315 - Provider contracts.

641.3154 - Organization liability; provider billing prohibited.

641.3155 - Prompt payment of claims.

641.3156 - Treatment authorization; payment of claims.

641.316 - Fiscal intermediary services.

641.32 - Acceptable payments.

641.33 - Certain words prohibited in name of organization.

641.35 - Assets, liabilities, and investments.

641.36 - Adoption of rules; penalty for violation.

641.365 - Dividends.

641.37 - Prohibited activities; penalties.

641.38 - Operational health maintenance organizations; issuance of certificate.

641.385 - Order to discontinue certain advertising.

641.386 - Agent licensing and appointment required; exceptions.

641.39001 - Soliciting or accepting new or renewal health maintenance contracts by insolvent or impaired health maintenance organization prohibited; penalty.

641.3901 - Unfair methods of competition and unfair or deceptive acts or practices prohibited.

641.3903 - Unfair methods of competition and unfair or deceptive acts or practices defined.

641.3905 - General powers and duties of the department and office.

641.3907 - Defined unfair practices; hearings, witnesses, appearances, production of books, and service of process.

641.3909 - Cease and desist and penalty orders.

641.3911 - Appeals from the department or office.

641.3913 - Penalty for violation of cease and desist orders.

641.3915 - Health maintenance organization anti-fraud plans and investigative units.

641.3917 - Civil liability.

641.3921 - Conversion on termination of eligibility.

641.3922 - Conversion contracts; conditions.

641.3923 - Discrimination against providers prohibited.