Florida Statutes
Part II - Prepaid Health Clinics (Ss. 641.40-641.459)
641.405 - Application for certificate of authority to operate prepaid health clinic.


(1) No person may operate a prepaid health clinic without first obtaining a certificate of authority from the office. The office shall not issue a certificate of authority to any applicant which does not possess a valid Health Care Provider Certificate issued by the Agency for Health Care Administration.
(2) Each application for a certificate of authority shall be on such form as the commission prescribes, and such application shall be accompanied by:
(a) A copy of the basic organizational document of the applicant, if any, such as the articles of incorporation, articles of association, partnership agreement, trust agreement, or other applicable document, and all amendments to such document.
(b) A copy of the constitution, bylaws, rules and regulations, or similar form of document, if any, regulating the conduct of the affairs of the applicant.
(c) A list of the names, addresses, and official capacities with the applicant of the persons who are to be responsible for the conduct of the affairs of the clinic, including all members of the governing body, the officers and directors in the case of a corporation, and the partners or associates in the case of a partnership or association. Such persons shall fully disclose to the office and the governing body of the clinic the extent and nature of any contracts or arrangements between them and the clinic, including any possible conflicts of interest.
(d) A statement generally describing the clinic and its operations.
(e) Each form of prepaid health clinic contract that the applicant proposes to offer the subscribers, showing for each form of contract the benefits to which the subscribers are entitled, together with a table of the rates charged, or proposed to be charged.
(f) A copy of the applicant’s Health Care Provider Certificate from the Agency for Health Care Administration, issued pursuant to part III of this chapter.
(g) A financial statement prepared on the basis of generally accepted accounting principles, except that surplus notes acceptable to the office may be included in the calculation of surplus.

History.—ss. 10, 11, ch. 84-313; s. 29, ch. 85-62; s. 14, ch. 87-236; ss. 187, 188, ch. 91-108; s. 4, ch. 91-429; s. 46, ch. 95-211; s. 268, ch. 99-8; s. 1601, ch. 2003-261.

Structure Florida Statutes

Florida Statutes

Title XXXVII - Insurance

Chapter 641 - Health Care Service Programs

Part II - Prepaid Health Clinics (Ss. 641.40-641.459)

641.40 - Short title.

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

641.4015 - Part exclusive; applicability of other laws.

641.402 - Definitions.

641.403 - Rulemaking authority.

641.405 - Application for certificate of authority to operate prepaid health clinic.

641.406 - Issuance of certificate of authority.

641.4065 - Insurance business not authorized.

641.407 - Minimum surplus.

641.408 - Use of certain words prohibited in the name of a prepaid health clinic.

641.409 - Insolvency protection.

641.4091 - Levy upon deposit; limitation.

641.41 - Annual report of prepaid health clinic; administrative penalty.

641.411 - Other reporting requirements.

641.412 - Fees.

641.414 - Investment of funds of prepaid health clinic.

641.416 - Acquisition.

641.418 - Examination of prepaid health clinic by the office.

641.419 - Rehabilitation, liquidation, conservation, or dissolution of prepaid health clinic.

641.42 - Prepaid health clinic contracts.

641.421 - Language used in contracts and advertisements; translations.

641.422 - Contract provisions incorporating charter or bylaw provisions.

641.423 - Execution of contracts.

641.424 - Validity of noncomplying contracts.

641.425 - Construction of contracts.

641.426 - Delivery of contract to subscriber.

641.427 - Notice of cancellation, termination, or nonrenewal of contract.

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

641.429 - Acceptable payments to prepaid health clinic.

641.43 - Provider contracts.

641.432 - Providers of service; penalty for unauthorized use of providers; interference with judgment prohibited.

641.437 - Investigatory power of office.

641.438 - Genetic information restrictions.

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

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

641.442 - Penalty for operation of prepaid health clinic, or issuance, delivery, or renewal of prepaid health clinic contract, without certificate of authority.

641.443 - Temporary restraining orders.

641.444 - Injunction.

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

641.446 - Cease and desist and penalty orders.

641.447 - Appeal from order.

641.448 - Penalty for violation of cease and desist order.

641.45 - Revocation or cancellation of certificate of authority; suspension of authority to enroll new subscribers; terms of suspension.

641.452 - Administrative penalty in lieu of suspension or revocation of certificate of authority.

641.453 - Civil liability.

641.454 - Civil action to enforce prepaid health clinic contract; attorney’s fees; court costs.

641.455 - Disposition of moneys collected under this part.

641.457 - Exemption for certain operational prepaid health clinics.

641.459 - Construction and relationship to other laws.