Florida Statute 408.70 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XXIX
PUBLIC HEALTH

Chapter 408
HEALTH CARE ADMINISTRATION

View Entire Chapter

408.70 Health care; managed competition; legislative findings and intent.—

(1) The Legislature finds that the current health care system in this state does not provide access to affordable health care for all persons in this state. Almost one in five persons is without health insurance. For many, entry into the health care system is through a hospital emergency room rather than a primary care setting. The availability of preventive and primary care and managed, family-based care is limited. Health insurance underwriting practices have led to the avoidance, rather than to the sharing, of insurance risks, limiting access to coverages for small-sized employer groups and high-risk populations. Spiraling premium costs have placed health insurance policies out of the reach of many small-sized and medium-sized businesses and their employees. Lack of outcome and cost information has forced individuals and businesses to make critical health care decisions with little guidance or leverage. Health care resources have not been allocated efficiently, leading to excess and unevenly distributed capacity. These factors have contributed to the high cost of health care. Rural and other medically underserved areas have too few health care resources. Comprehensive, first-dollar coverages have allowed individuals to seek care without regard to cost. Provider competition and liability concerns have led to a medical technology arms race. Rather than competing on the basis of price and patient outcome, health care providers compete for patients on the basis of service, equipping themselves with the latest and best technologies. Managed-care and group-purchasing mechanisms are not widely available to small group purchasers. Health care regulation has placed undue burdens on health care insurers and providers, driving up costs, limiting competition, and preventing market-based solutions to cost and quality problems. Health care costs have been increasing at several times the rate of general inflation, eroding employer profits and investments, increasing government revenue requirements, reducing consumer coverages and purchasing power, and limiting public investments in other vital governmental services.

(2) It is the intent of the Legislature that a structured health care competition model, known as “managed competition,” be implemented throughout the state to improve the efficiency of the health care markets in this state. The managed competition model will promote the pooling of purchaser and consumer buying power; ensure informed cost-conscious consumer choice of managed care plans; reward providers for high-quality, economical care; increase access to care for uninsured persons; and control the rate of inflation in health care costs.

History.—s. 66, ch. 93-129; s. 60, ch. 2000-256; s. 11, ch. 2000-296.

F.S. 408.70 on Google Scholar

F.S. 408.70 on CourtListener

Amendments to 408.70

Annotations, Discussions, Cases:

Cases Citing Statute 408.70

Total Results: 3 | Sort by: Relevance | Newest First

Copy

Ago (Fla. Att'y Gen. 1993).

Published | Florida Attorney General Reports

Robert A. Butterworth Attorney General RAB/tjw 1 Section 408.70(1) and (2), F.S., as created by s. 66, Ch.

Copy

Albertson's, Inc. v. Florida Dep't of Prof'l Reg., 658 So. 2d 134 (Fla. Dist. Ct. App. 1995).

Published | District Court of Appeal of Florida | 1995 Fla. App. LEXIS 7344, 1995 WL 405278

§§ 408.70 through 480.706 (1993). In Fla.Stat. § 408.70, the Legislature has expressed its findings and

Copy

Ago (Fla. Att'y Gen. 1994).

Published | Florida Attorney General Reports

...In 1993 the Florida Legislature determined that the health care system did not provide access to affordable health care for everyone in this state and sought to implement a structured health care competition model to improve the efficiency of the health care markets in Florida. Section 408.70 , Florida Statutes, sets forth legislative findings and the intent for enacting these provisions, including subsection (3) which states that: The Legislature intends that state-chartered, nonprofit private purchasing organizations, to be known as "community health purchasing alliances," be established. The community health purchasing alliances shall be responsible for assisting alliance members in securing the highest quality of health care, based on current standards, at the lowest possible prices. Pursuant to section 408.702, Florida Statutes, a community health purchasing alliance (CHPA) is established in each of the 11 health service planning districts established under section 408.032 (5), Florida Statutes....

...1 The CHPAs are required to be operated as state-chartered, nonprofit private organizations organized under chapter 617 , Florida Statutes. 2 Each of the CHPAs is subject to the supervision and approval of a board of directors composed of 17 members who reside within the CHPA district. 3 Pursuant to section 408.705, Florida Statutes, each CHPA board of directors is charged with accomplishing certain duties and responsibilities as follows: (5) The alliance board shall adopt bylaws. The bylaws must include a procedure for the election of board officers. The board shall meet at times and places as it determines necessary to operate the alliance in accordance with ss. 408.70 -408.706....

...are not in violation of law or public policy. 8 Thus, if the statute imposing a duty on an agency is silent as to how this duty is to be carried out, the agency has the implied authority to act in any reasonable manner to perform that duty. Sections 408.70 -408.706, Florida Statutes, impose a wide variety of duties and responsibilities on the boards of directors of CHPAs and on the alliances that must work through the boards of directors....

...tions would appear to be a reasonable approach to accomplishing the requirements of the statutes. However, I must caution that the boards of directors of CHPAs may not delegate their ultimate statutory authority or duty to act 9 pursuant to sections 408.70 through 408.706, Florida Statutes, although they may utilize nonmember groups for advisory input. 10 Sincerely, Robert A. Butterworth Attorney General RAB/tgk 1 See, section 408.702(1), Fla. Stat. (1993). 2 Id. 3 Section 408.705(1), Fla. Stat. (1993). 4 Section 408.7045, Fla. Stat. (1993), and, s. 408.702(6)(b) and (c), Fla. Stat. (1993). 5 Section 408.702(6)(a), Fla. Stat. (1993). 6 See, s. 408.702(6)(d)-(e), Fla. Stat. (1993). 7 Section 408.702(6)(g), Fla Stat....

...Fraternal Order of Police, Miami Lodge 20, 511 So.2d 549 (Fla. 1987); Procacci v. State, DHRS, 603 So.2d 1299 (Fla. 1st DCA 1992); Booker Creek Preservation, Inc. v. Southwest Florida Water Management District, 534 So.2d 419 (Fla. 5th DCA 1988). 10 In addition, I would note that section 408.7055, Florida Statutes, provides for the formation of practitioner advisory groups and sets forth their functions. As these groups are prescribed by statute, I cannot say that the board of directors of a CHPA has any authority to alter the terms of the statute by including nonpractioners or assigning such groups duties other than those prescribed by section 408.7055, Florida Statutes.

This Florida statute resource is curated by Graham W. Syfert, Esq., a Jacksonville, Florida personal injury and workers' compensation attorney. For legal consultation, call 904-383-7448.