Fla. Stat. 636.003
Definitions


(1)

“Capitation” means the fixed amount paid by a prepaid limited health service organization to a health care provider under contract with the prepaid limited health service organization in exchange for the rendering of covered limited health services.

(2)

“Enrollee” means an individual, including dependents, who is entitled to limited health services pursuant to a contract, or any other evidence of coverage, with an entity authorized to provide or arrange for such services under this act.

(3)

“Evidence of coverage” means the certificate, agreement, membership card, or contract issued pursuant to this act setting forth the coverage to which an enrollee is entitled.

(4)

“Insolvent” means that all the statutory assets of the prepaid limited health service organization, if made immediately available, would not be sufficient to discharge all of its statutory liabilities or that the prepaid limited health service organization is unable to pay its debts as they become due in the usual course of business.

(5)

“Limited health service” means ambulance services, dental care services, vision care services, mental health services, substance abuse services, chiropractic services, podiatric care services, and pharmaceutical services. “Limited health service” does not include inpatient, hospital surgical services, or emergency services except as such services are provided incident to the limited health services set forth in this subsection.

(6)

“Prepaid limited health service contract” means any contract entered into by a prepaid limited health service organization with a subscriber or group of subscribers to provide limited health services in exchange for a prepaid per capita or prepaid aggregate fixed sum.

(7)

“Prepaid limited health service organization” means any person, corporation, partnership, or any other entity which, in return for a prepayment, undertakes to provide or arrange for, or provide access to, the provision of a limited health service to enrollees through an exclusive panel of providers. Prepaid limited health service organization does not include:An entity otherwise authorized pursuant to the laws of this state to indemnify for any limited health service;A provider or entity when providing limited health services pursuant to a contract with a prepaid limited health service organization, a health maintenance organization, a health insurer, or a self-insurance plan; orAny person who is licensed pursuant to part II as a discount plan organization.

(a)

An entity otherwise authorized pursuant to the laws of this state to indemnify for any limited health service;

(b)

A provider or entity when providing limited health services pursuant to a contract with a prepaid limited health service organization, a health maintenance organization, a health insurer, or a self-insurance plan; or

(c)

Any person who is licensed pursuant to part II as a discount plan organization.

(8)

“Provider” means, but is not limited to, any physician, dentist, health facility, or other person or institution which is duly licensed in this state to deliver limited health services.

(9)

“Qualified independent actuary” means an actuary who is a member of the American Academy of Actuaries or the Society of Actuaries and has experience in establishing rates for limited health services and who has no financial or employment interest in the prepaid limited health service organization.

(10)

“Reporting period” means the annual accounting period or fiscal year, or any part thereof, of the prepaid limited health service organization. The calendar year shall be the fiscal year for each such organization other than those holding an existing certificate of authority as of October 1, 1993.

(11)

“Subscriber” means an individual who has contracted, or arranged, or on whose behalf a contract or arrangement has been entered into, with a prepaid limited health service organization for health care services or other persons who also receive health care services as a result of the contract.

(12)

“Surplus” means total statutory assets in excess of total liabilities, except that assets pledged to secure debts not reflected on the books of the prepaid limited health service organization shall not be included in surplus. Surplus includes capital stock, capital in excess of par, other contributed capital, retained earnings, and surplus notes.

(13)

“Surplus notes” means debt which has been subordinated to all claims of subscribers and general creditors of the organization and the debt instrument shall so state.

(14)

“Statutory accounting principles” means generally accepted accounting principles, except as modified by this act.

(15)

“Qualified employee” means an employee of the organization:Who has a minimum of 5 years of experience in rate determinations for prepaid health services, and who demonstrates through filings with the office that the person is in fact qualified under the terms of this act; orWho is a member of the American Academy of Actuaries or the Society of Actuaries and has experience in establishing rates for limited health service.

(a)

Who has a minimum of 5 years of experience in rate determinations for prepaid health services, and who demonstrates through filings with the office that the person is in fact qualified under the terms of this act; or

(b)

Who is a member of the American Academy of Actuaries or the Society of Actuaries and has experience in establishing rates for limited health service.

Source: Section 636.003 — Definitions, https://www.­flsenate.­gov/Laws/Statutes/2024/0636.­003 (accessed Aug. 7, 2025).

636.002
Short title
636.003
Definitions
636.004
Applicability of other laws
636.005
Incorporation required
636.006
Insurance business not authorized
636.007
Certificate of authority required
636.008
Application for certificate of authority
636.009
Issuance of certificate of authority
636.012
Continued eligibility for certificate of authority
636.015
Language used in contracts and advertisements
636.016
Prepaid limited health service contracts
636.017
Rates and charges
636.018
Changes in rates and benefits
636.019
Additional contract contents
636.022
Restrictions upon expulsion or refusal to issue or renew contract
636.023
Charter
636.024
Execution of contracts
636.025
Validity of noncomplying contracts
636.026
Construction of contracts
636.027
Delivery of contract
636.028
Notice of cancellation of contract
636.029
Construction and relationship with other laws
636.032
Acceptable payments
636.033
Certain words prohibited in name of organization
636.034
Extension of benefits
636.035
Provider arrangements
636.036
Administrative, provider, and management contracts
636.037
Contract providers
636.038
Complaint system
636.039
Examination by the office
636.042
Assets, liabilities, and investments
636.043
Annual, quarterly, and miscellaneous reports
636.044
Agent licensing
636.045
Minimum surplus requirements
636.046
Insolvency protection
636.047
Officers’ and employees’ fidelity bond
636.048
Suspension or revocation of certificate of authority
636.049
Administrative penalty in lieu of suspension or revocation
636.052
Civil remedy
636.053
Injunction
636.054
Payment of judgment by prepaid limited health service organization
636.055
Levy upon deposit limited
636.056
Rehabilitation, conservation, liquidation, or reorganization
636.057
Fees
636.058
Investigative power of department and office
636.059
Unfair methods of competition, unfair or deceptive acts or practices defined
636.062
Appeals from the office or department
636.063
Civil liability
636.064
Confidentiality
636.065
Acquisitions
636.066
Taxes imposed
636.067
Rules
636.0145
Certain entities contracting with Medicaid
636.0155
Disclosures required in contracts and marketing materials
636.0201
Genetic information restrictions

Current through Fall 2025

§ 636.003. Definitions's source at flsenate​.gov