Fla. Stat. 636.064
Confidentiality


(1)

Any information pertaining to the diagnosis, treatment, or health of any enrollee of a prepaid limited health service organization is confidential and exempt from the provisions of s. 119.07(1) and s. 24(a), Art. I of the State Constitution and shall only be available pursuant to specific written consent of the enrollee, or as otherwise provided by law. With respect to any information pertaining to the diagnosis, treatment, or health of any enrollee or applicant, a prepaid limited health service organization is entitled to claim any statutory privileges against disclosure which the provider who furnished such information to the prepaid limited health service organization is entitled to claim.

(2)

Any proprietary financial information contained in contracts entered into with providers by prepaid limited health service organizations is confidential and exempt from the provisions of s. 119.07(1) and s. 24(a), Art. I of the State Constitution.

(3)

Any information obtained or produced by the department or office pursuant to an examination or investigation is confidential and exempt from the provisions of s. 119.07(1) and s. 24(a), Art. I of the State Constitution until the examination report has been filed pursuant to s. 624.319 or until such investigation is completed or ceases to be active. For purposes of this subsection, an investigation is considered “active” while such investigation is being conducted by the department or office with a reasonable, good faith belief that it may lead to the filing of administrative, civil, or criminal proceedings. An investigation does not cease to be active if the department or office is proceeding with reasonable dispatch and there is a good faith belief that action may be initiated by the department or office or other administrative or law enforcement agency. Except for active criminal intelligence or criminal investigative information, as defined in s. 119.011; personal financial and medical information; information that would defame or cause unwarranted damage to the good name or reputation of an individual; information that would impair the safety and financial soundness of the licensee or affiliated party; proprietary financial information; or information that would reveal the identity of a confidential source, all information obtained by the department or office pursuant to an examination or investigation shall be available after the examination report has been filed or the investigation is completed or ceases to be active.

Source: Section 636.064 — Confidentiality, https://www.­flsenate.­gov/Laws/Statutes/2024/0636.­064 (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

§ 636.064. Confidentiality's source at flsenate​.gov