(1) Whenever the department or office has reason to believe that any person, entity, or health maintenance organization has engaged, or is engaging, in this state in any unfair method of competition or any unfair or deceptive act or practice as defined in s. 641.3903 or is operating a health maintenance organization without a certificate of authority as required by this part and that a proceeding by it in respect thereto would be to the interest of the public, the department or office shall conduct or cause to have conducted a hearing in accordance with chapter 120.
(2) The department or office, a duly empowered hearing officer, or an administrative law judge shall, during the conduct of such hearing, have those powers enumerated in s. 120.569; however, the penalties for failure to comply with a subpoena or with an order directing discovery shall be limited to a fine not to exceed $1,000 per violation.
(3) Statements of charges, notices, and orders under this part may be served by anyone duly authorized by the department or office, either in the manner provided by law for service of process in civil actions or by certifying and mailing a copy thereof to the person, entity, or health maintenance organization affected by the statement, notice, order, or other process at her or his or its residence or principal office or place of business. The verified return by the person so serving such statement, notice, order, or other process, setting forth the manner of the service, shall be proof of the same, and the return postcard receipt for such statement, notice, order, or other process, certified and mailed as aforesaid, shall be proof of service of the same.
History.—ss. 38, 47, ch. 85-177; ss. 187, 188, ch. 91-108; s. 4, ch. 91-429; s. 285, ch. 96-410; s. 1754, ch. 97-102; s. 1593, ch. 2003-261.
Structure Florida Statutes
Chapter 641 - Health Care Service Programs
Part I - Health Maintenance Organizations (Ss. 641.17-641.3923)
641.18 - Declaration of legislative intent, findings, and purposes.
641.183 - Statutory accounting procedures; transition provisions.
641.185 - Health maintenance organization subscriber protections.
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.
641.217 - 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.
641.227 - Rehabilitation Administrative Expense Fund.
641.228 - Florida Health Maintenance Organization Consumer Assistance Plan.
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.
641.282 - Payment of judgment by health maintenance organization.
641.285 - Insolvency protection.
641.286 - Levy upon deposit limited.
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.
641.3102 - 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.
641.31074 - 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.
641.314 - Pharmacy benefit manager 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.
641.33 - Certain words prohibited in name of organization.
641.35 - Assets, liabilities, and investments.
641.36 - Adoption of rules; penalty for violation.
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.
641.3901 - 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.
641.3909 - 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.
641.3921 - Conversion on termination of eligibility.