Fla. Stat. 636.032
Acceptable payments


(1)

Each prepaid limited health service organization may accept from government agencies, corporations, groups, or individuals payments covering all or part of the cost of contracts entered into between the prepaid limited health service organization and its subscribers.

(2)(a)

A contract between a prepaid limited health service organization and a dentist licensed under chapter 466 for the provision of services to a subscriber may not specify credit card payment as the only acceptable method for payments from the prepaid limited health service organization to the dentist.When a prepaid limited health service organization employs the method of claims payment to a dentist through electronic funds transfer, including, but not limited to, virtual credit card payment, the prepaid limited health service organization shall notify the dentist as provided in this paragraph and obtain the dentist’s consent before employing the electronic funds transfer. The dentist’s consent described in this paragraph applies to the dentist’s entire practice. For the purpose of this paragraph, the dentist’s consent, which may be given through e-mail, must bear the signature of the dentist. Such signature includes an electronic or digital signature if the form of signature is recognized as a valid signature under applicable federal law or state contract law or an act that demonstrates express consent, including, but not limited to, checking a box indicating consent. The prepaid limited health service organization or dentist may not require that a dentist’s consent as described in this paragraph be made on a patient-by-patient basis. The notification provided by the prepaid limited health service organization to the dentist must include all of the following:
The fees, if any, that are associated with the electronic funds transfer.
The available methods of payment of claims by the prepaid limited health service organization, with clear instructions to the dentist on how to select an alternative payment method.
A prepaid limited health service organization that pays a claim to a dentist through Automatic Clearing House transfer may not charge a fee solely to transmit the payment to the dentist unless the dentist has consented to the fee.This subsection applies to contracts delivered, issued, or renewed on or after January 1, 2025.The office has all rights and powers to enforce this subsection as provided by s. 624.307.The commission may adopt rules to implement this subsection.

(2)(a)

A contract between a prepaid limited health service organization and a dentist licensed under chapter 466 for the provision of services to a subscriber may not specify credit card payment as the only acceptable method for payments from the prepaid limited health service organization to the dentist.

(b)

When a prepaid limited health service organization employs the method of claims payment to a dentist through electronic funds transfer, including, but not limited to, virtual credit card payment, the prepaid limited health service organization shall notify the dentist as provided in this paragraph and obtain the dentist’s consent before employing the electronic funds transfer. The dentist’s consent described in this paragraph applies to the dentist’s entire practice. For the purpose of this paragraph, the dentist’s consent, which may be given through e-mail, must bear the signature of the dentist. Such signature includes an electronic or digital signature if the form of signature is recognized as a valid signature under applicable federal law or state contract law or an act that demonstrates express consent, including, but not limited to, checking a box indicating consent. The prepaid limited health service organization or dentist may not require that a dentist’s consent as described in this paragraph be made on a patient-by-patient basis. The notification provided by the prepaid limited health service organization to the dentist must include all of the following:The fees, if any, that are associated with the electronic funds transfer.The available methods of payment of claims by the prepaid limited health service organization, with clear instructions to the dentist on how to select an alternative payment method.
1. The fees, if any, that are associated with the electronic funds transfer.
2. The available methods of payment of claims by the prepaid limited health service organization, with clear instructions to the dentist on how to select an alternative payment method.

(c)

A prepaid limited health service organization that pays a claim to a dentist through Automatic Clearing House transfer may not charge a fee solely to transmit the payment to the dentist unless the dentist has consented to the fee.

(d)

This subsection applies to contracts delivered, issued, or renewed on or after January 1, 2025.

(e)

The office has all rights and powers to enforce this subsection as provided by s. 624.307.

(f)

The commission may adopt rules to implement this subsection.

Source: Section 636.032 — Acceptable payments, https://www.­flsenate.­gov/Laws/Statutes/2024/0636.­032 (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

§ 636.032. Acceptable payments's source at flsenate​.gov