reglab/housing_qa huggingface dataset:
FL Stat § 636.238 (2021)
2021 Florida Statutes|Title XXXVII - Insurance|Chapter 636 - Prepaid Limited Health Service Organizations and Discount Plan Organizations|Part II - Discount Plan Organizations (Ss. 636.202-636.244)|636.238 - Penalties for violation of this part.

636.238 Penalties for violation of this part.—(1) Except as provided in subsection (2), a person who willfully violates any provision of this part commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.(2) A person who operates as or willfully aids and abets another operating as a discount plan organization in violation of s. 636.204(1) commits a felony punishable as provided for in s. 624.401(4)(b), as if the unlicensed discount plan organization were an unauthorized insurer, and the fees, dues, charges, or other consideration collected from the members by the unlicensed discount plan organization or marketer were insurance premium.(3) A person who collects fees for purported membership in a discount plan but purposefully fails to provide the promised benefits commits a theft, punishable as provided in s. 812.014.History.—s. 31, ch. 2004-297; s. 16, ch. 2005-232; s. 28, ch. 2017-112.
FL Stat § 636.240 (2021)
2021 Florida Statutes|Title XXXVII - Insurance|Chapter 636 - Prepaid Limited Health Service Organizations and Discount Plan Organizations|Part II - Discount Plan Organizations (Ss. 636.202-636.244)|636.240 - Injunctions.

636.240 Injunctions.—(1) In addition to the penalties and other enforcement provisions of this part, the office may seek both temporary and permanent injunctive relief when:(a) A discount plan is being operated by any person or entity that is not licensed pursuant to this part.(b) Any person, entity, or discount plan organization has engaged in any activity prohibited by this part or any rule adopted pursuant to this part.(2) The venue for any proceeding brought pursuant to this section shall be in the Circuit Court of Leon County.(3) The office’s authority to seek injunctive relief is not conditioned on having conducted any proceeding pursuant to chapter 120.History.—s. 31, ch. 2004-297; s. 124, ch. 2005-2; s. 29, ch. 2017-112.
FL Stat § 636.244 (2021)
2021 Florida Statutes|Title XXXVII - Insurance|Chapter 636 - Prepaid Limited Health Service Organizations and Discount Plan Organizations|Part II - Discount Plan Organizations (Ss. 636.202-636.244)|636.244 - Unlicensed discount plan organizations.

636.244 Unlicensed discount plan organizations.—Sections 626.901-626.912 apply to the activities of an unlicensed discount plan organization as if the unlicensed discount plan organization were an unauthorized insurer.History.—s. 31, ch. 2004-297; s. 30, ch. 2017-112.
FL Stat § 641.17 (2021)
2021 Florida Statutes|Title XXXVII - Insurance|Chapter 641 - Health Care Service Programs|Part I - Health Maintenance Organizations (Ss. 641.17-641.3923)|641.17 - Short title.

641.17 Short title.—This part shall be known and may be cited as the “Health Maintenance Organization Act.”History.—s. 1, ch. 72-264; s. 3, ch. 76-168; s. 1, ch. 77-457; ss. 2, 3, ch. 81-318; ss. 778, 804, 809(1st), ch. 82-243; ss. 187, 188, ch. 91-108; s. 4, ch. 91-429.
FL Stat § 641.18 (2021)
2021 Florida Statutes|Title XXXVII - Insurance|Chapter 641 - Health Care Service Programs|Part I - Health Maintenance Organizations (Ss. 641.17-641.3923)|641.18 - Declaration of legislative intent, findings, and purposes.

641.18 Declaration of legislative intent, findings, and purposes.—(1) Faced with the continuation of mounting costs of health care, coupled with the state’s interest in high-quality care, the Legislature has determined that there is a need to explore alternative methods for the delivery of health care services, with a view toward achieving greater efficiency and economy in providing these services.(2) Health maintenance organizations, consisting of prepaid health care plans, hereinafter referred to as “plans,” are developing rapidly in many communities. Through these organizations, structured in various forms, health care services are provided directly to a group of people who make regular premium payments.(3) These plans, when properly operated, emphasize effective cost and quality controls.(4) It shall be the policy of this state to:(a) Eliminate legal barriers to the organization, promotion, and expansion of comprehensive prepaid health care plans.(b) Recognize that prepaid comprehensive health care plans shall be exempt from operation of the insurance laws of this state except in the manner and to the extent set forth in this part.(c) Ensure that comprehensive prepaid health care plans deliver high-quality health care.(5) Although it is the intent of this act to provide an opportunity for the development of health maintenance organizations, there is no intent to impair the present system for the delivery of health services.(6) The Legislature has determined that the operation of a health maintenance organization without a subsisting certificate of authority or the renewal, issuance, or delivery of a health maintenance contract without a subsisting certificate of authority constitutes a danger to the citizens of this state and exposes any subscriber to immediate and irreparable injury, loss, or damage.History.—s. 2, ch. 72-264; s. 3, ch. 76-168; s. 1, ch. 77-457; ss. 2, 3, ch. 81-318; ss. 779, 804, 809(1st), ch. 82-243; s. 5, ch. 85-177; ss. 187, 188, ch. 91-108; s. 4, ch. 91-429.
FL Stat § 641.183 (2021)
2021 Florida Statutes|Title XXXVII - Insurance|Chapter 641 - Health Care Service Programs|Part I - Health Maintenance Organizations (Ss. 641.17-641.3923)|641.183 - Statutory accounting procedures; transition provisions.

641.183 Statutory accounting procedures; transition provisions.—All health maintenance organizations, authorized to do business under this chapter on January 1, 2001, shall elect a transition method for compliance with statutory accounting principles as follows:(1) Report assets acquired prior to June 30, 2001, in accordance with s. 641.35, Florida Statutes (2000), through December 31, 2005. Assets acquired on or after June 30, 2001, shall be accounted for in accordance with the National Association of Insurance Commissioners Accounting Practices and Procedures Manual effective January 1, 2001. A health maintenance organization electing to report assets pursuant to this subsection shall maintain complete and detailed records reflecting such accounting treatment; or(2) Report all assets in accordance with the NAIC Accounting Practices and Procedures Manual effective January 1, 2001.History.—s. 21, ch. 2001-213.
FL Stat § 641.201 (2021)
2021 Florida Statutes|Title XXXVII - Insurance|Chapter 641 - Health Care Service Programs|Part I - Health Maintenance Organizations (Ss. 641.17-641.3923)|641.201 - Applicability of other laws.

641.201 Applicability of other laws.—Except as provided in this part, health maintenance organizations shall be governed by the provisions of this part and part III of this chapter and shall be exempt from all other provisions of the Florida Insurance Code except those provisions of the Florida Insurance Code that are explicitly made applicable to health maintenance organizations.History.—ss. 25, 50, ch. 85-321; s. 3, ch. 87-236; ss. 187, 188, ch. 91-108; s. 4, ch. 91-429; s. 40, ch. 95-211; s. 71, ch. 2000-318.
FL Stat § 641.2011 (2021)
2021 Florida Statutes|Title XXXVII - Insurance|Chapter 641 - Health Care Service Programs|Part I - Health Maintenance Organizations (Ss. 641.17-641.3923)|641.2011 - Insurance holding companies.

641.2011 Insurance holding companies.—Part IV of chapter 628 applies to health maintenance organizations licensed under this part.History.—s. 76, ch. 2000-318.
FL Stat § 641.2015 (2021)
2021 Florida Statutes|Title XXXVII - Insurance|Chapter 641 - Health Care Service Programs|Part I - Health Maintenance Organizations (Ss. 641.17-641.3923)|641.2015 - Incorporation required.

641.2015 Incorporation required.—On or after October 1, 1985, any entity that has not yet obtained a certificate of authority to operate a health maintenance organization in this state shall be incorporated or shall be a division of a corporation formed under the provisions of either part I of chapter 607 or chapter 617 or shall be a public entity that is organized as a political subdivision. In the case of a division of a corporation, the financial requirements of this part shall apply to the entire corporation. Incorporation shall not be required of any entity which has already been issued an initial certificate of authority prior to this date and which is not a corporation on October 1, 1985, or which is incorporated in any other state on October 1, 1985; nor shall incorporation be required on renewal of any certificate of authority by such an organization or be required of a public entity that is organized as a political subdivision.History.—ss. 7, 47, ch. 85-177; ss. 187, 188, ch. 91-108; s. 4, ch. 91-429; s. 14, ch. 96-199; s. 58, ch. 2014-209.
FL Stat § 641.2017 (2021)
2021 Florida Statutes|Title XXXVII - Insurance|Chapter 641 - Health Care Service Programs|Part I - Health Maintenance Organizations (Ss. 641.17-641.3923)|641.2017 - Insurance business not authorized.

641.2017 Insurance business not authorized.—Nothing in the Florida Insurance Code or this part shall be deemed to authorize any health maintenance organization to transact any insurance business other than that of health maintenance organization type insurance or otherwise to engage in any other type of insurance unless it is authorized under a certificate of authority issued by the office under the provisions of the Florida Insurance Code. However, a health maintenance organization may by contract:(1) Enter into arrangements whereby the expected cost of health care services provided directly or through arrangements with other persons by the health maintenance organization is self-funded by the person contracting with the health maintenance organization, but the health maintenance organization assumes the risks that costs will exceed that amount on a prepaid per capita or prepaid aggregate fixed-sum basis; or(2) Enter into arrangements whereby the cost of health care services provided directly or through arrangements with other persons by the health maintenance organization is self-funded by the person contracting with the health maintenance organization.History.—ss. 26, 50, ch. 85-321; s. 9, ch. 90-248; ss. 187, 188, ch. 91-108; s. 4, ch. 91-429; s. 1556, ch. 2003-261.
FL Stat § 641.2018 (2021)
2021 Florida Statutes|Title XXXVII - Insurance|Chapter 641 - Health Care Service Programs|Part I - Health Maintenance Organizations (Ss. 641.17-641.3923)|641.2018 - Limited coverage for home health care authorized.

641.2018 Limited coverage for home health care authorized.—(1) Notwithstanding other provisions of this chapter, a health maintenance organization may issue a contract that limits coverage to home health care services only. The organization and the contract shall be subject to all of the requirements of this part that do not require or otherwise apply to specific benefits other than home care services. To this extent, all of the requirements of this part apply to any organization or contract that limits coverage to home care services, except the requirements for providing comprehensive health care services as provided in ss. 641.19(4), (11), and (12), and 641.31(1), except ss. 641.31(9), (12), (17), (18), (19), (20), (21), and (24) and 641.31095.(2) Notwithstanding the other provisions of this chapter, a health maintenance organization may apply for and obtain a certificate of authority from the office pursuant to this part and a health care provider certificate pursuant to part III, which certificate limits the authority of the organization to the issuance of contracts that limit coverage to home health care services pursuant to subsection (1). In addition to all applicable requirements of this part, as specified in subsection (1), all of the requirements of part III apply to an organization applying for such a limited certificate, except to the extent that such requirements directly conflict with the limited nature of the coverage provided.(3) Any contract that limits coverage to home health care benefits as provided in this section must also meet all of the requirements of ss. 627.9403-627.9408 of the Long-Term Care Insurance Act, except s. 627.9407(3)(c) and (9).History.—s. 6, ch. 96-275; s. 51, ch. 99-3; s. 1557, ch. 2003-261; s. 10, ch. 2006-254.
FL Stat § 641.20185 (2021)
2021 Florida Statutes|Title XXXVII - Insurance|Chapter 641 - Health Care Service Programs|Part I - Health Maintenance Organizations (Ss. 641.17-641.3923)|641.20185 - High-deductible contracts for medical savings accounts.

641.20185 High-deductible contracts for medical savings accounts.—Notwithstanding the provisions of this part and part III related to the requirement for providing comprehensive coverage, a health maintenance organization may offer a high-deductible contract to employers that establish medical savings accounts, as defined in s. 220(d) of the Internal Revenue Code.History.—s. 22, ch. 97-179; s. 52, ch. 99-3.
FL Stat § 641.2019 (2021)
2021 Florida Statutes|Title XXXVII - Insurance|Chapter 641 - Health Care Service Programs|Part I - Health Maintenance Organizations (Ss. 641.17-641.3923)|641.2019 - Provider service network certificate of authority.

641.2019 Provider service network certificate of authority.—A prepaid provider service network that applies for and obtains a health care provider certificate pursuant to part III of this chapter, meets the surplus requirements of s. 641.225, and meets all other applicable requirements of this part may obtain a certificate of authority under s. 641.21. A certified provider service network has the same rights and responsibilities as a health maintenance organization certified under this part.History.—s. 34, ch. 2011-135.
FL Stat § 641.215 (2021)
2021 Florida Statutes|Title XXXVII - Insurance|Chapter 641 - Health Care Service Programs|Part I - Health Maintenance Organizations (Ss. 641.17-641.3923)|641.215 - Conditions precedent to issuance or maintenance of certificate of authority; effect of bankruptcy proceedings.

641.215 Conditions precedent to issuance or maintenance of certificate of authority; effect of bankruptcy proceedings.—(1) As a condition precedent to the issuance or maintenance of a certificate of authority, a health maintenance organization insurer must file or have on file with the office:(a) An acknowledgment that a delinquency proceeding pursuant to part I of chapter 631, or supervision by the department pursuant to ss. 624.80-624.87, constitutes the sole and exclusive method for the liquidation, rehabilitation, reorganization, or conservation of a health maintenance organization.(b) A waiver of any right to file or be subject to a bankruptcy proceeding.(2) The commencement of a bankruptcy proceeding either by or against a health maintenance organization shall, by operation of law:(a) Terminate the health maintenance organization’s certificate of authority.(b) Vest in the office for the use and benefit of the subscribers of the health maintenance organization the title to any deposits of the insurer held by the department.If the proceeding is initiated by a party other than the health maintenance organization, the operation of subsection (2) shall be stayed for a period of 60 days following the date of commencement of the proceeding.History.—ss. 113, 188, ch. 91-108; s. 4, ch. 91-429; s. 1559, ch. 2003-261.
FL Stat § 641.217 (2021)
2021 Florida Statutes|Title XXXVII - Insurance|Chapter 641 - Health Care Service Programs|Part I - Health Maintenance Organizations (Ss. 641.17-641.3923)|641.217 - Minority recruitment and retention plans required.

641.217 Minority recruitment and retention plans required.—(1) Any entity contracting with the Agency for Health Care Administration to provide health care services to Medicaid recipients or state employees on a prepaid or fixed-sum basis must submit to the Agency for Health Care Administration the entity’s plan for recruitment and retention of health care practitioners who are minority persons as defined in s. 288.703. The plan must demonstrate an ability to recruit and retain minority persons which shall include, but is not limited to, the following efforts:(a) Establishing and maintaining contacts with various organizations representing the interests and concerns of minority constituencies to seek advice and assistance.(b) Identifying and recruiting at colleges and universities which primarily serve minority students.(c) Reviewing and analyzing the organization’s workforce as to minority representation.(d) Other factors identified by the Agency for Health Care Administration by rule.(2) The Agency for Health Care Administration may not contract with such an entity until the agency has received and approved the entity’s plan required in subsection (1). Failure to implement the plan as approved shall constitute grounds for the suspension or termination of the entity’s contract with the agency.History.—s. 16, ch. 96-199; s. 434, ch. 2011-142.
FL Stat § 641.221 (2021)
2021 Florida Statutes|Title XXXVII - Insurance|Chapter 641 - Health Care Service Programs|Part I - Health Maintenance Organizations (Ss. 641.17-641.3923)|641.221 - Continued eligibility for certificate of authority.

641.221 Continued eligibility for certificate of authority.—(1) In order to maintain its eligibility for a certificate of authority, a health maintenance organization shall continue to meet all conditions required to be met under this part and the rules promulgated thereunder for the initial application for and issuance of its certificate of authority under s. 641.22.(2) In order to maintain eligibility for a certificate of authority, a health maintenance organization authorized under the Florida Insurance Code to exclusively market, sell, or offer to sell Medicare Advantage plans in this state shall be actively engaged in managed care within 24 months after licensure, shall designate and maintain at least one primary anti-fraud employee, and shall adopt an anti-fraud plan. The Office of Insurance Regulation may extend the period of eligibility upon written request.History.—ss. 10, 47, ch. 85-177; ss. 187, 188, ch. 91-108; s. 4, ch. 91-429; s. 3, ch. 2017-178.
FL Stat § 641.2261 (2021)
2021 Florida Statutes|Title XXXVII - Insurance|Chapter 641 - Health Care Service Programs|Part I - Health Maintenance Organizations (Ss. 641.17-641.3923)|641.2261 - Application of solvency requirements to provider-sponsored organizations and Medicaid provider service networks.

641.2261 Application of solvency requirements to provider-sponsored organizations and Medicaid provider service networks.—(1) The solvency requirements of ss. 1855 and 1856 of the Balanced Budget Act of 1997 and 42 C.F.R. s. 422.350, subpart H, apply to a health maintenance organization that is a provider-sponsored organization rather than the solvency requirements of this part. However, if the provider-sponsored organization does not meet the solvency requirements of this part, the organization is limited to the issuance of Medicare+Choice plans to eligible individuals. For the purposes of this section, the terms “Medicare+Choice plans,” “provider-sponsored organizations,” and “solvency requirements” have the same meaning as defined in the federal act and federal rules and regulations.(2) Except for a provider service network seeking to obtain a certificate of authority under s. 641.2019, the solvency requirements in 42 C.F.R. s. 422.350, subpart H, and the solvency requirements established in approved federal waivers pursuant to chapter 409 apply to a Medicaid provider service network rather than the solvency requirements of this part.History.—s. 74, ch. 2000-318; s. 5, ch. 2005-358; s. 35, ch. 2011-135.
FL Stat § 641.227 (2021)
2021 Florida Statutes|Title XXXVII - Insurance|Chapter 641 - Health Care Service Programs|Part I - Health Maintenance Organizations (Ss. 641.17-641.3923)|641.227 - Rehabilitation Administrative Expense Fund.

641.227 Rehabilitation Administrative Expense Fund.—(1) The office shall not issue or permit to exist a certificate of authority to operate a health maintenance organization in this state unless the organization has deposited with the department $10,000 in cash for use in the Rehabilitation Administrative Expense Fund as established in subsection (2).(2) The department shall maintain all deposits received under this section and all income from such deposits in trust in an account titled “Rehabilitation Administrative Expense Fund.” The fund shall be administered by the department and shall be used for the purpose of payment of the administrative expenses of the department during any rehabilitation of a health maintenance organization, when rehabilitation is ordered by a court of competent jurisdiction.(3) Upon successful rehabilitation of a health maintenance organization, the organization shall reimburse the fund for the amount of expenses incurred by the department during the court-ordered rehabilitation period.(4) If a court of competent jurisdiction orders liquidation of a health maintenance organization, the fund shall be reimbursed for expenses incurred by the department as provided for in chapter 631.(5) Each deposit made under this section shall be allowed as an asset for purposes of determination of the financial condition of the health maintenance organization. The deposit shall be refunded to the organization only when the organization both ceases operation as a health maintenance organization and no longer holds a subsisting certificate of authority.History.—ss. 12, 47, ch. 85-177; ss. 187, 188, ch. 91-108; s. 4, ch. 91-429; s. 1562, ch. 2003-261.
FL Stat § 641.228 (2021)
2021 Florida Statutes|Title XXXVII - Insurance|Chapter 641 - Health Care Service Programs|Part I - Health Maintenance Organizations (Ss. 641.17-641.3923)|641.228 - Florida Health Maintenance Organization Consumer Assistance Plan.

641.228 Florida Health Maintenance Organization Consumer Assistance Plan.—(1) The office shall not issue a certificate to any health maintenance organization after July 1, 1989, until the applicant health maintenance organization has paid in full its special assessment as set forth in s. 631.819(2)(a).(2) No assessment paid to the Florida Health Maintenance Organization Consumer Assistance Plan shall be allowed as an asset of any health maintenance organization.(3) The office may suspend or revoke the certificate of authority of any health maintenance organization which does not timely pay its assessment to the Florida Health Maintenance Organization Consumer Assistance Plan.History.—ss. 6, 24, ch. 88-388; ss. 114, 187, 188, ch. 91-108; s. 4, ch. 91-429; s. 1563, ch. 2003-261.