Florida Statutes 1983, Volume 3 - Florida State University College of ...

F.S.1983 HEALTH CARE SERVICE PROGRAMS Ch.641
tal, or other health care service provider to render the
service, or accept payment for the service, to which
each subscriber may be entitled under the terms of
the contract issued to the subscriber.
(c) That each contract issued or proposed to be
issued to subscribers complies with statutory provisions
relating to health insurance policies.
(d) That no contributions to the funds of the plan
for working capital are repayable by the plan except
out of earned income over and above operating expenses
and medical, surgical, hospital, or other health
care service expenses and such reserve as the department
may deem adequate.
(e) That the amount of money actually received
by the applicant, upon the terms specified in paragraph
(d), for working capital is sufficient to carryall
acquisition costs and operating expenses for a period
of at least 6 months from the date of the issuance of
the initial certificate of authority.
(4) Such certificate shall be effective until revoked
by the department; and any plan to which such
certificate has been issued, until revocation thereof,
shall be authorized to issue contracts.
(5) The department shall not renew a certificate
of authority unless it is satisfied that the amount of
money held by the plan for working capital is sufficient
to carryall acquisition costs and operating expenses
for a period of at least 3 months from the date
of renewal.
Hi.tory.-s. 4, ch. 22826, 1945; s. 22, ch. 65·269; ss. 13, 35, ch. 69·106; s. 3, ch.
76·168; s. 1, ch. 77.457; ss. 2, 3, ch. 81·318; ss. 717, 777, 809(lst), ch. 82·243.
'Note.-Expires October 1, 1991, pursuant to s. 809(lst), ch. 82·243, and is
scheduled for review pursuant to s. 11.61 in advance of that date.
1641.05 Amendments to charter, bylaws,
contracts, rates; approval by department.-No
health care services plan shall amend its charter or
certificate of incorporation, its bylaws, the terms and
provisions of contracts executed or to be executed
with hospitals or physicians, and the terms and provisions
of contracts issued or proposed to be issued to
subscribers until such proposed amendments have
been first submitted to and approved by the department;
nor shall any change be made in the table of
rates charged or proposed to be charged to subscribers
for any form of contract issued or to be issued until
such proposed charge has been submitted to and
approved by the department upon the adoption of
any amendment or change, and following its approval
by the department such corporation shall file a copy
thereof with the department duly certified by at least
two of the executive officers of such corporation.
Hi.tory.-s. 5, ch. 22826, 1945; ss. 13,35, ch. 69·106; s. 3, ch. 76·168; s. 1, ch.
77·457; ss. 2, 3, ch. 81·318; ss. 763, 777, 809(lst), ch. 82·243; s. 76, ch. 82·386.
'Note.-Expires October 1, 1991, pursuant to s. 809(lst), ch. 82·243, and is
scheduled for review pursuant to s. 11.61 in advance of that date.
1641.06 Annual reports or statements.-Every
health care services plan shall annually, on or before
March 1, file in the office of the department a
statement verified by at least two of the principal officers
of such corporation showing its condition on
December 31 then next preceding, which statement
shall be in such form and shall contain such matters
as the department shall prescribe.
Hi.tory.-s. 6, ch. 22826, 1945; ss. 13,35, ch. 69·106; s. 3, ch. 76·168; s. 1, ch.
77·457; ss. 2, 3, ch. 81·318; ss. 764, 777, 809(lst), ch. 82·243.
'Note.-Expires October 1, 1991, pursuant to s. 809(lst), ch. 82·243, and is
scheduled for review pursuant to 8. 11.61 in advance of that date.
765
1641.08 Acquisition costs.-All acquisition
costs in connection with the solicitation of subscribers
to such service plan or plans shall at all times be
subject to the approval of the Department of Insurance.
Hi.tory.-s. 8, ch. 22826, 1945; ss. 13, 35, ch. 69·106; s. 3, ch. 76·168; s. 1, ch.
77·457; ss. 2, 3, ch. 81·318; ss. 766, 809(lst), ch. 82·243; ss. 77, 78, ch. 82·386.
'Note.-Repealed effective October 1, 1991, by s. 809(lst), ch. 82·243, and
scheduled for review pursuant to s. 11.61 in advance of that date.
1641.12 Revocation of license.-Whenever the
department has reason to believe that any health
care services plan is being operated for profit or
fraudulently conducted, or is not complying with this
code, it is authorized to suspend or revoke the certificate
of authority; and it may at any time institute
proceedings relating to the dissolution of the plan.
Hi.tory.-s. 12, ch. 22826, 1945; ss. 13,35, ch. 69·106; s. 3, ch. 76·168; s. 1, ch.
77·457; s. 21, ch. 78·95; ss. 2, 3, ch. 81·318; ss. 770, 777, 809(lst), ch. 82·243.
'Note.-Expires October 1, 1991, pursuant to s. 809(lst), ch. 82·243, and is
scheduled for review pursuant to s. 11.61 in advance of that date.
1641.13 Licenses and taxes.-No health care
services plan, its representatives, or any of its properties
or funds shall be exempt from any license fees or
taxes, except as provided in chapter 624 for domestic
insurance companies. With respect to the computation
of such taxes, and for the purpose of this provision
only, the rates paid by subscribers as provided
herein shall be construed as "premiums," and the
"contract" provided herein shall be construed as "policy."
Hi8tory.-s. 13, ch. 22826, 1945; s. 2, ch. 69·92; ss. 13, 35, ch. 69·106; s. 3, ch.
76·168; s. 1, ch. 77·457; ss. 2, 3, ch. 81·318; ss. 771, 777, 809(lst), ch. 82·243.
'Note.-Expires October 1, 1991, pursuant to s. 809(lst), ch. 82·243, and is
scheduled for review pursuant to s. 11.61 in advance of that date.
1641.14 Regulation of employees or representatives.-Every
person who acts for any health
care services plan to solicit applications for or to negotiate
and effectuate a contract for coverage of hospital,
medical, surgical, or other health care expenses
shall be subject to all portions of the code applicable
to health insurance agents.
Hi8tory.-s. 14, ch. 22826, 1945; ss. 13, 35, ch. 69·106; s. 3, ch. 76·166; s. 1, ch.
77·457; s. 21, ch. 78·95; ss. 2, 3, ch. 81·318; ss. 772, 777, 809(lst), ch. 82·243.
'Note.-Expires October 1, 1991, pursuant to s. 809(lst), ch. 82·243, and is
scheduled for review pursuant to s. 11.61 in advance of that date.
cf.-s. 624.523 Insurance Commissioner's Regulatory Trust Fund.
PART II
HEALTH MAINTENANCE ORGANIZATIONS
641.17
641.18
641.19
641.21
641.22
641.225
641.23
641.24
641.25
641.255
641.26
641.27
641.28
Short title.
Declaration of legislative intent, findings,
and purposes.
Definitions.
Application for certificate.
Issuance of certificate of authority.
Surplus requirements.
Revocation of certificate of authority.
Denial and revocation proceedings; Department
of Health and Rehabilitative
Services participation.
Administrative penalty in lieu of revocation.
Transfer of ownership.
Annual report.
Examination by the department.
Civil remedy.