Florida Statutes
Part II - Prepaid Health Clinics (Ss. 641.40-641.459)
641.408 - Use of certain words prohibited in the name of a prepaid health clinic.


(1) No person issued a certificate of authority as a prepaid health clinic, other than a licensed insurer, insofar as its name is concerned, shall use in its name, contracts, or literature any of the words “health maintenance organization,” “HMO,” “insurance,” “casualty,” “surety,” or “mutual”; any other word descriptive of the health maintenance organization, insurance, casualty, or surety business; or any other word deceptively similar to the name or description of a health maintenance organization, insurance corporation, or surety corporation doing business in this state.
(2) A person that has not been issued a certificate of authority under the provisions of this part shall not use in its name, logo, contracts, or literature the phrase “prepaid health clinic” or the initials “PHC”; nor imply, directly or indirectly, that it is a prepaid health clinic; nor hold itself out to be a prepaid health clinic.
History.—ss. 10, 11, ch. 84-313; ss. 187, 188, ch. 91-108; s. 4, ch. 91-429.

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.