Fla. Stat. 641.45
Revocation or cancellation of certificate of authority; suspension of authority to enroll new subscribers; terms of suspension


(1)

The maintenance of a valid and current Health Care Provider Certificate issued pursuant to part III of this chapter is a condition of the maintenance of a valid and current certificate of authority issued by the office to operate a prepaid health clinic. Revocation or nonrenewal of a Health Care Provider Certificate shall be deemed to be an automatic and immediate cancellation of a prepaid health clinic’s certificate of authority.

(2)

The office may suspend the authority of a clinic to enroll new subscribers or revoke any certificate of authority issued to a prepaid health clinic, or order compliance within 60 days, if the office finds that any of the following conditions exist:The clinic is not operating in compliance with this part or any rule promulgated under this part.The plan is no longer actuarially sound or the clinic does not have the minimum surplus as required by this part.The existing contract rates are excessive, inadequate, or unfairly discriminatory.The clinic has advertised, merchandised, or attempted to merchandise its services in such a manner as to misrepresent its services or capacity for services or has engaged in deceptive, misleading, or unfair practices with respect to advertising or merchandising.The organization is insolvent.The clinic has not complied with the grievance procedures for subscribers that are set forth in any prepaid health clinic contract.The clinic has not fully satisfied a judgment against the clinic within 10 days of the entry of the judgment by any court in the state or, in the case of an appeal from such judgment, has not fully satisfied the judgment within 60 days after affirmance of the judgment by the appellate court.

(a)

The clinic is not operating in compliance with this part or any rule promulgated under this part.

(b)

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

(c)

The existing contract rates are excessive, inadequate, or unfairly discriminatory.

(d)

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

(e)

The organization is insolvent.

(f)

The clinic has not complied with the grievance procedures for subscribers that are set forth in any prepaid health clinic contract.

(g)

The clinic has not fully satisfied a judgment against the clinic within 10 days of the entry of the judgment by any court in the state or, in the case of an appeal from such judgment, has not fully satisfied the judgment within 60 days after affirmance of the judgment by the appellate court.

(3)

The office shall, in its order suspending the authority of a clinic 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 clinic 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 shall not be made unless requested by the clinic; however, the office shall not grant reinstatement if it finds that the circumstances for which the suspension occurred still exist or are likely to recur.

Source: Section 641.45 — Revocation or cancellation of certificate of authority; suspension of authority to enroll new subscribers; terms of suspension, https://www.­flsenate.­gov/Laws/Statutes/2024/0641.­45 (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

§ 641.45. Revocation or cancellation of certificate of authority; suspension of authority to enroll new subscribers; terms of suspension's source at flsenate​.gov