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Florida Statute 641.3105 - Full Text and Legal Analysis
Florida Statute 641.3105 | Lawyer Caselaw & Research
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The 2025 Florida Statutes

Title XXXVII
INSURANCE
Chapter 641
HEALTH CARE SERVICE PROGRAMS
View Entire Chapter
F.S. 641.3105
641.3105 Validity of noncomplying contracts.
(1) Any health maintenance contract, rider, endorsement, attachment, or addendum otherwise valid which contains any condition or provision not in compliance with the requirements of this part shall not be thereby rendered invalid, but shall be construed and applied in accordance with such conditions and provisions as would have applied had such contract, rider, endorsement, attachment, or addendum been in full compliance with this part. In the event an organization issues or delivers any contract for an amount which exceeds any limitations otherwise provided in this part, such organization shall be liable to the subscriber or her or his beneficiary for the full amount stated in the contract in addition to any other penalties that may be imposed under this part.
(2) Any health maintenance contract delivered or issued for delivery in this state covering a subscriber, which subscriber, pursuant to the provisions of this part, the organization may not lawfully cover under the contract, shall be cancelable at any time by the organization, any provision of the contract to the contrary notwithstanding; and the organization shall promptly cancel the contract in accordance with the request of the office therefor. No such illegality or cancellation shall be deemed to relieve the organization of any liability incurred by it under the contract while in force or to prohibit the organization from retaining the pro rata earned premium or rate thereon. This provision does not relieve the organization from any penalty otherwise incurred by the organization under this part on account of any such violation.
History.ss. 27, 47, ch. 85-177; ss. 187, 188, ch. 91-108; s. 4, ch. 91-429; s. 489, ch. 97-102; s. 1579, ch. 2003-261.

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Amendments to 641.3105


Annotations, Discussions, Cases:

Cases Citing Statute 641.3105

Total Results: 2

Foundation Health v. WESTSIDE EKG ASSOC.

944 So. 2d 188

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

Cited 23 times | Published

applicable to health maintenance organizations."); § 641.3105(1) (contracts or portions thereof that do not

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

their terms are in full compliance with the Act. § 641.3105, Fla. Stat. (2000). The Act contains several