Florida Statutes
Fla. Stat. § 627.9403 (2025)
Scope.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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627.9403 Scope.—The provisions of this part shall apply to long-term care insurance policies delivered or issued for delivery in this state, and to policies delivered or issued for delivery outside this state to the extent provided in s. 627.9406, by an insurer, a fraternal benefit society as defined in s. 632.601, a health maintenance organization as defined in s. 641.19, a prepaid health clinic as defined in s. 641.402, or a multiple-employer welfare arrangement as defined in s. 624.437. A policy which is advertised, marketed, or offered as a long-term care policy and as a Medicare supplement policy shall meet the requirements of this part and the requirements of ss. 627.671-627.675 and, to the extent of a conflict, be subject to the requirement that is more favorable to the policyholder or certificateholder. The provisions of this part shall not apply to a continuing care contract issued pursuant to chapter 651 and shall not apply to guaranteed renewable policies issued prior to October 1, 1988. Any limited benefit policy that limits coverage to care in a nursing home or to one or more lower levels of care required or authorized to be provided by this part or by commission rule is a type of long-term care insurance policy that must meet all requirements of this part that apply to long-term care insurance policies, except ss. 627.9407(3)(c), (9), (10)(f), and (12) and 627.94073(2).
History.—ss. 1, 2, ch. 88-57; s. 1, ch. 89-239; s. 184, ch. 91-108; s. 114, ch. 92-318; s. 1, ch. 96-275; s. 16, ch. 98-159; s. 63, ch. 2001-63; s. 1236, ch. 2003-261; s. 7, ch. 2006-254.
Notes of Decisions
Cited in 2
cases (1 in the last 5 years), 2019–2021 · leading case: Maybelle Smith v. Cont'l Cas. Co. (6th Cir. 2021).
Maybelle Smith v. Cont'l Cas. Co. (6th Cir. 2021). “Laws 1015 , 1015 (codified as amended at Fla. Stat. § 627.9403 (2020)). In 1992, Florida went further and altogether banned the issuance of new contracts with any mandatory hospitalization provisions.”
Smith v. Cont'l Cas. Co. (S.D. Ohio 2019). “” Fla. Stat. § 627.9403 (1988). Section 627.”
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