Florida Statutes
Fla. Stat. § 627.65625 (2025)
Prohibiting discrimination against individual participants and beneficiaries based on health status.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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627.65625 Prohibiting discrimination against individual participants and beneficiaries based on health status.—
(1) Subject to subsection (2), an insurer that offers a group health insurance policy may not establish rules for eligibility, including continued eligibility, of an individual to enroll under the terms of the policy based on any of the following health-status-related factors in relation to the individual or a dependent of the individual:
(a) Health status.
(b) Medical condition, including physical and mental illnesses.
(c) Claims experience.
(d) Receipt of health care.
(e) Medical history.
(f) Genetic information.
(g) Evidence of insurability, including conditions arising out of acts of domestic violence.
(h) Disability.
(2) Subsection (1) does not:
(a) Require an insurer to provide particular benefits other than those provided under the terms of such plan or coverage.
(b) Prevent such a plan or coverage from establishing limitations or restrictions on the amount, level, extent, or nature of the benefits or coverage for similarly situated individuals enrolled in the plan or coverage.
(3) For purposes of subsection (1), rules for eligibility to enroll under a policy include rules for defining any applicable waiting periods of enrollment.
(4)(a) An insurer that offers health insurance coverage may not require any individual, as a condition of enrollment or continued enrollment under the policy, to pay a premium or contribution that is greater than such premium or contribution for a similarly situated individual enrolled under the policy on the basis of any health-status-related factor in relation to the individual or to an individual enrolled under the policy as a dependent of the individual.
(b) This subsection does not:
1. Restrict the amount that an employer may be charged for coverage under a group health insurance policy; or
2. Prevent an insurer that offers group health insurance coverage from establishing premium discounts or rebates or modifying otherwise applicable copayments or deductibles in return for adherence to programs of health promotion and disease prevention.
Notes of Decisions
Cited in 2
cases, 2005–2008 · leading case: Friedman v. New York Life Ins. Co., 985 So. 2d 56 (Fla. 4th DCA 2008).
Friedman v. New York Life Ins. Co., 985 So. 2d 56 (Fla. 4th DCA 2008). “Appellant did claim that the breach caused her to suffer monetary loss in excess of fifteen thousand dollars, but fails to tie this loss to a statutory violation. Appellant's declaratory relief claim alleges that New York Life improperly discriminated by increasing premium rates…”
Am. Med. Sec., Inc. v. Exec. Risk Specialty Ins., 393 F. Supp. 2d 693 (E.D. Wis. 2005). “) The court found that AMS had violated Fla. Stat. § 627.65625 , “which prohibits discrimination against individual participants and beneficiaries based on health status,” 2 as well as other Florida statutes.”
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