Florida Statute 641.28 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XXXVII
INSURANCE

Chapter 641
HEALTH CARE SERVICE PROGRAMS

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F.S. 641.28

641.28 Civil remedy.—In any civil action brought to enforce the terms and conditions of a health maintenance organization contract, the prevailing party is entitled to recover reasonable attorney’s fees and court costs. This section shall not be construed to authorize a civil action against the commission, office, or department, their employees, or the Chief Financial Officer or against the Agency for Health Care Administration, its employees, or the director of the agency.

History.—s. 12, ch. 72-264; s. 3, ch. 76-168; s. 1, ch. 77-457; ss. 2, 3, ch. 81-318; ss. 790, 804, 809(1st), ch. 82-243; s. 9, ch. 83-198; ss. 187, 188, ch. 91-108; s. 4, ch. 91-429; s. 24, ch. 96-199; s. 1571, ch. 2003-261.

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Amendments to 641.28

Annotations, Discussions, Cases:

Cases Citing Statute 641.28

Total Results: 9

Villazon v. Prudential Health Care Plan, Inc.

843 So. 2d 842, 28 Fla. L. Weekly Supp. 267, 2003 Fla. LEXIS 461, 2003 WL 1561528

Supreme Court of Florida | Filed: Mar 27, 2003 | Docket: 1244055

Cited 56 times | Published

everything is related to everything else."). [9] Section 641.28, Florida Statutes (2002), provides: Civil

Foundation Health v. WESTSIDE EKG ASSOC.

944 So. 2d 188

Supreme Court of Florida | Filed: Oct 19, 2006 | Docket: 1649903

Cited 23 times | Published

that these actions may be brought against an HMO. § 641.28 (recognizing that attorney's fees are available

Greene v. Well Care HMO, Inc.

778 So. 2d 1037, 2001 Fla. App. LEXIS 1417, 2001 WL 121163

District Court of Appeal of Florida | Filed: Feb 14, 2001 | Docket: 1687028

Cited 11 times | Published

basis. In particular, they argue that under section 641.28, and the case law, there is an implied intent

Augustin v. Health Options of S. Fla., Inc.

580 So. 2d 314, 1991 WL 87271

District Court of Appeal of Florida | Filed: May 28, 1991 | Docket: 1365119

Cited 10 times | Published

plaintiff to an award of attorney's fees under § 641.28, Fla. Stat. (1989), as the prevailing party below

Westside EKG Associates v. Foundation Health

932 So. 2d 214, 2005 WL 1026183

District Court of Appeal of Florida | Filed: May 4, 2005 | Docket: 1285378

Cited 9 times | Published

641.28; 641.3917; 641.3105(1). We note that section 641.28 implicitly recognizes that civil actions are

Florida Physicians Union, Inc. v. United Healthcare of Fla., Inc.

837 So. 2d 1133, 2003 Fla. App. LEXIS 1990, 2003 WL 365908

District Court of Appeal of Florida | Filed: Feb 21, 2003 | Docket: 537706

Cited 5 times | Published

statutory cause of action is implied. First, section 641.28. It provides that: In any civil action to enforce

Long v. AvMED, INC.

14 So. 3d 1264, 2009 Fla. App. LEXIS 9116, 2009 WL 1940706

District Court of Appeal of Florida | Filed: Jul 8, 2009 | Docket: 1159127

Cited 3 times | Published

trial court should have awarded fees under section 641.28, Florida Statutes (2007), because she received

Puig v. Pasteur Health Plan, Inc.

640 So. 2d 101, 1994 Fla. App. LEXIS 6845, 1994 WL 330239

District Court of Appeal of Florida | Filed: Jul 12, 1994 | Docket: 64749891

Published

recover reasonable attorney’s fees and court costs.” § 641.28, Fla.Stat. (1993). The HMO argued that the civil

Riera v. Finlay Medical Centers HMO Corp.

543 So. 2d 372, 14 Fla. L. Weekly 1195, 1989 Fla. App. LEXIS 2780, 1989 WL 49917

District Court of Appeal of Florida | Filed: May 16, 1989 | Docket: 64642581

Published

costs as the prevailing party in this action. § 641.28, Fla.Stat. (1985). This being so, we see no basis