Florida Statutes

Fla. Stat. § 641.28 (2025)

Civil remedy.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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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.

Notes of Decisions

Cited in 11 cases (1 in the last 5 years), 1989–2024 · leading case: Villazon v. Prudential Health Care Plan, Inc., 843 So. 2d 842 (Fla. 2003).

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Villazon v. Prudential Health Care Plan, Inc., 843 So. 2d 842 (Fla. 2003). · cites it 2× “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…”

Westside EKG Assocs. v. Found. Health, 932 So. 2d 214 (Fla. 4th DCA 2005). · cites it 2× “See §§ 641.28; 641.3917; 641.3105(1). We note that section 641.”

Greene v. Well Care HMO, Inc., 778 So. 2d 1037 (Fla. 4th DCA 2001). · cites it 2× “The Greenes assert that the trial court erred when it found that the Act does not provide for a private cause of action and then dismissed Counts III and IV of the complaint with prejudice on that basis.”

Found. Health v. WESTSIDE EKG ASSOC., 944 So. 2d 188 (Fla. 2006). “§ 641.28 (recognizing that attorney's fees are available to the prevailing party in a civil action "brought to enforce the terms and conditions of a health maintenance organization contract," and not including HMOs in the list of exempt persons); see also § 641.”

Long v. Avmed, Inc., 14 So. 3d 1264 (Fla. 1st DCA 2009). · cites it 3× “On appeal, Long continues to argue the trial court should have awarded fees under section 641.28, Florida Statutes (2007), because she received payment from AvMed after filing her lawsuit.”

Puig v. Pasteur Health Plan, Inc., 640 So. 2d 101 (Fla. 3d DCA 1994). · cites it 8× “” § 641.28, Fla.Stat. (1993). The HMO argued that the civil lawsuit never should have been filed, and contended that Puig had failed to exhaust administrative remedies.”

Florida Physicians Union, Inc. v. United Healthcare of Fla., Inc., 837 So. 2d 1133 (Fla. 5th DCA 2003). · cites it 2× “First, section 641.28. It provides that: In any civil action to enforce the terms and conditions of a health maintenance organization contract the prevailing party is entitled to recover reasonable attorney fees and costs.”

Augustin v. Health Options of S. Fla., Inc., 580 So. 2d 314 (Fla. 3d DCA 1991). · cites it 2× “This was the functional equivalent of a judgment or verdict in favor of the plaintiff and therefore entitled the plaintiff to an award of attorney's fees under § 641.28, Fla. Stat. (1989), as the prevailing party below.”

Riera v. Finlay Med. Centers HMO Corp., 543 So. 2d 372 (Fla. 3d DCA 1989). · cites it 2× “§ 641.28, Fla.Stat. (1985). This being so, we see no basis for the time limitation placed on the entitlement to fees *374 and costs by the trial court, and, accordingly, said limitation is stricken.”

Althouriste v. Century Med. Health Plan, Inc., 47 Fla. Supp. 2d 143 (Fla. Cir. Ct. 1991). · cites it 3× “ORDER DENYING MOTION TO STRIKE ATTORNEY FEES The Plaintiff’s complaint alleges that the defendant Health Maintenance Organization failed to provide certain medical benefits and asks for attorney fees under the provisions of F.S. 641.28 which provides: “641.28 Civil Remedy.”

Neurosurgical Consultants of South Florida, LLC v. Aetna Health & Life Ins. Co. (S.D. Fla. 2024). “In the subject Complaint, Plaintiff alleges that it is entitled to attorney’s fees from Defendant pursuant to either Florida Statute § 641.28 and/or Florida Statute § 627.428 [ECF No.”

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