Fla. Stat. 641.406
Issuance of certificate of authority


(1)

As a condition precedent to the issuance of any certificate, the applicant has obtained a Health Care Provider Certificate from the Agency for Health Care Administration pursuant to part III of this chapter.

(2)

The proposed rates are actuarially sound for the benefits provided, including administrative costs.

(3)

The applicant has met the minimum surplus requirements of s. 641.407.

(4)

The procedures for offering basic services and offering and terminating contracts to subscribers will not unfairly discriminate on the basis of age, health, or economic status. However, this subsection does not prohibit reasonable underwriting classifications for the purposes of establishing contract rates, nor does it prohibit experience rating.

(5)

The procedures for offering basic services and offering and terminating contracts to subscribers will not discriminate on the basis of sex, race, or national origin.

(6)

The applicant furnishes evidence of adequate insurance coverage or an adequate plan for self-insurance to respond to claims for injuries arising out of the furnishing of basic services.

(7)

The ownership, control, or management of the applicant is competent and trustworthy and possesses managerial experience that would make the proposed clinic operation beneficial to the subscribers. The office shall not grant or continue authority to transact the business of a prepaid health clinic in this state at any time during which the office has good reason to believe that the ownership, control, or management of the clinic is under the control of any person whose business operations are or have been marked by business practices or conduct that is to the detriment of the public, stockholders, investors, or creditors; by the improper manipulation of assets or of accounts; or by bad faith.

(8)

The application and the applicant are in conformity with all requirements of this part.

Source: Section 641.406 — Issuance of certificate of authority, https://www.­flsenate.­gov/Laws/Statutes/2024/0641.­406 (accessed Aug. 7, 2025).

641.40
Short title
641.41
Annual report of prepaid health clinic
641.42
Prepaid health clinic contracts
641.43
Provider contracts
641.44
Unfair methods of competition and unfair or deceptive acts or practices prohibited
641.45
Revocation or cancellation of certificate of authority
641.401
Declaration of legislative intent, findings, and purposes
641.402
Definitions
641.403
Rulemaking authority
641.405
Application for certificate of authority to operate prepaid health clinic
641.406
Issuance of certificate of authority
641.407
Minimum surplus
641.408
Use of certain words prohibited in the name of a prepaid health clinic
641.409
Insolvency protection
641.411
Other reporting requirements
641.412
Fees
641.414
Investment of funds of prepaid health clinic
641.416
Acquisition
641.418
Examination of prepaid health clinic by the office
641.419
Rehabilitation, liquidation, conservation, or dissolution of prepaid health clinic
641.421
Language used in contracts and advertisements
641.422
Contract provisions incorporating charter or bylaw provisions
641.423
Execution of contracts
641.424
Validity of noncomplying contracts
641.425
Construction of contracts
641.426
Delivery of contract to subscriber
641.427
Notice of cancellation, termination, or nonrenewal of contract
641.428
Nondiscrimination of coverage for certain surgical procedures involving bones or joints
641.429
Acceptable payments to prepaid health clinic
641.432
Providers of service
641.437
Investigatory power of office
641.438
Genetic information restrictions
641.441
Unfair methods of competition and unfair or deceptive acts or practices defined
641.442
Penalty for operation of prepaid health clinic, or issuance, delivery, or renewal of prepaid health clinic contract, without certificate of authority
641.443
Temporary restraining orders
641.444
Injunction
641.445
Defined practices
641.446
Cease and desist and penalty orders
641.447
Appeal from order
641.448
Penalty for violation of cease and desist order
641.452
Administrative penalty in lieu of suspension or revocation of certificate of authority
641.453
Civil liability
641.454
Civil action to enforce prepaid health clinic contract
641.455
Disposition of moneys collected under this part
641.457
Exemption for certain operational prepaid health clinics
641.459
Construction and relationship to other laws
641.4015
Part exclusive
641.4065
Insurance business not authorized
641.4091
Levy upon deposit

Current through Fall 2025

§ 641.406. Issuance of certificate of authority's source at flsenate​.gov