Fla. Stat. 636.048
Suspension or revocation of certificate of authority; suspension of enrollment of new subscribers; terms of suspension


(1)

The office may suspend the authority of a prepaid limited health service organization to enroll new subscribers or revoke any certificate issued to a prepaid limited health service organization or order compliance within 30 days, if it finds that any of the following conditions exist:The organization is not operating in compliance with this act.The plan is no longer actuarially sound or the organization does not have the minimum surplus as required by this act.The organization has advertised, merchandised, or attempted to merchandise its services in such a manner as to misrepresent its services or capacity for service or has engaged in deceptive, misleading, or unfair practices with respect to advertising or merchandising.The organization is insolvent.The prepaid limited health service organization is operating significantly in contravention of its basic organizational document or in a manner contrary to that described in and reasonably inferred from any other information submitted pursuant to ss. 636.008 and 636.009, unless amendments to such submissions have been filed with and approved by the office.The prepaid limited health service organization is unable to fulfill its obligations to furnish limited health services.The prepaid limited health service organization has no subscribers 12 months after the issuance of the certificate of authority.The continued operation of the prepaid limited health service organization would be hazardous to its enrollees.

(a)

The organization is not operating in compliance with this act.

(b)

The plan is no longer actuarially sound or the organization does not have the minimum surplus as required by this act.

(c)

The organization has advertised, merchandised, or attempted to merchandise its services in such a manner as to misrepresent its services or capacity for service or has engaged in deceptive, misleading, or unfair practices with respect to advertising or merchandising.

(d)

The organization is insolvent.

(e)

The prepaid limited health service organization is operating significantly in contravention of its basic organizational document or in a manner contrary to that described in and reasonably inferred from any other information submitted pursuant to ss. 636.008 and 636.009, unless amendments to such submissions have been filed with and approved by the office.

(f)

The prepaid limited health service organization is unable to fulfill its obligations to furnish limited health services.

(g)

The prepaid limited health service organization has no subscribers 12 months after the issuance of the certificate of authority.

(h)

The continued operation of the prepaid limited health service organization would be hazardous to its enrollees.

(2)

If the office has cause to believe that grounds for the suspension or revocation of a certificate of authority exist, it shall notify the prepaid limited health service organization in writing specifically stating the grounds for suspension or revocation and shall pursue a hearing on the matter in accordance with the provisions of chapter 120.

(3)

When the certificate of authority of a prepaid limited health service organization is surrendered or revoked, such organization must proceed, immediately following the effective date of the order of revocation, to wind up its affairs transacted under the certificate of authority. It may not engage in any further advertising, solicitation, or renewal of contracts. The office may, by written order, permit such further operation of the organization as it finds to be in the best interest of enrollees, so that enrollees will be afforded the greatest practical opportunity to obtain continuing limited health services.

(4)

The office shall, in its order suspending the authority of a prepaid limited health service organization to enroll new subscribers, specify the period during which the suspension is to be in effect and the conditions, if any, which must be met by the prepaid limited health service organization prior to reinstatement of its authority to enroll new subscribers. The order of suspension is subject to rescission or modification by further order of the office prior to the expiration of the suspension period. Reinstatement may not be made unless requested by the prepaid limited health service organization; however, the office may not grant reinstatement if it finds that the circumstances for which the suspension occurred still exist or are likely to recur.

Source: Section 636.048 — Suspension or revocation of certificate of authority; suspension of enrollment of new subscribers; terms of suspension, https://www.­flsenate.­gov/Laws/Statutes/2024/0636.­048 (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

§ 636.048. Suspension or revocation of certificate of authority; suspension of enrollment of new subscribers; terms of suspension's source at flsenate​.gov