641.281

Injunction.

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641.281 Injunction.In addition to the penalties and other enforcement provisions of this part, the office and department, within the scope of their regulatory jurisdictions, are vested with the power to seek both temporary and permanent injunctive relief when:
(1) A health maintenance organization is being operated by any person or entity without a subsisting certificate of authority.
(2) Any person, entity, or health maintenance organization has engaged in any activity prohibited by this part or any rule adopted pursuant thereto.
(3) Any health maintenance organization, person, or entity is renewing, issuing, or delivering a health maintenance contract or contracts without a subsisting certificate of authority.

The office’s and department’s authority to seek injunctive relief shall not be conditioned on having conducted any proceeding pursuant to chapter 120.

History.ss. 15, 47, ch. 85-177; ss. 187, 188, ch. 91-108; s. 4, ch. 91-429; s. 1572, ch. 2003-261.
Notes of Decisions
Cited in 1 case, 2003–2003 · leading case: Florida Physicians Union, Inc. v. United Healthcare of Fla., Inc.
Florida Physicians Union, Inc. v. United Healthcare of Fla., Inc. (2003) fladistctapp “§ 641.281. It also has been given *1136 extensive powers to examine and investigate HMOs or other persons and entities operating in this regulated business.”
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