(1) As a condition precedent to the issuance of any certificate, the applicant has obtained a Health Care Provider Certificate from the Agency for Health Care Administration pursuant to part III of this chapter.
(2) The proposed rates are actuarially sound for the benefits provided, including administrative costs.
(3) The applicant has met the minimum surplus requirements of s. 641.407.
(4) The procedures for offering basic services and offering and terminating contracts to subscribers will not unfairly discriminate on the basis of age, health, or economic status. However, this subsection does not prohibit reasonable underwriting classifications for the purposes of establishing contract rates, nor does it prohibit experience rating.
(5) The procedures for offering basic services and offering and terminating contracts to subscribers will not discriminate on the basis of sex, race, or national origin.
(6) The applicant furnishes evidence of adequate insurance coverage or an adequate plan for self-insurance to respond to claims for injuries arising out of the furnishing of basic services.
(7) The ownership, control, or management of the applicant is competent and trustworthy and possesses managerial experience that would make the proposed clinic operation beneficial to the subscribers. The office shall not grant or continue authority to transact the business of a prepaid health clinic in this state at any time during which the office has good reason to believe that the ownership, control, or management of the clinic is under the control of any person whose business operations are or have been marked by business practices or conduct that is to the detriment of the public, stockholders, investors, or creditors; by the improper manipulation of assets or of accounts; or by bad faith.
(8) The application and the applicant are in conformity with all requirements of this part.
History.—ss. 10, 11, ch. 84-313; s. 15, ch. 87-236; ss. 187, 188, ch. 91-108; s. 4, ch. 91-429; s. 47, ch. 95-211; s. 269, ch. 99-8; s. 1602, ch. 2003-261.
Structure Florida Statutes
Chapter 641 - Health Care Service Programs
Part II - Prepaid Health Clinics (Ss. 641.40-641.459)
641.401 - Declaration of legislative intent, findings, and purposes.
641.4015 - Part exclusive; applicability of other laws.
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.
641.408 - 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.
641.414 - Investment of funds of prepaid health clinic.
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.
641.437 - 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.
641.443 - Temporary restraining orders.
641.446 - Cease and desist and penalty orders.
641.448 - Penalty for violation of cease and desist order.
641.452 - Administrative penalty in lieu of suspension or revocation of certificate of authority.
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.