Florida/Georgia Personal Injury & Workers Compensation

...In Count VI of his amended complaint, Villazon alleged the basis for PruCare's vicarious liability and breach of a nondelegable duty to be: 94. The Defendant, PRUDENTIAL HEALTH CARE PLAN, INC. is a health maintenance organization doing business in Dade County Florida as defined by and governed by Section 641.17 et seq., Florida Statutes; Chapter 4-31, Florida Administrative Code; 42 U.S.C....

...ical care to his wife in a non-negligent manner when she purchased health care coverage from Prudential Health." Villazon, 794 So.2d at 628. Villazon argues that such nondelegable duty arises under the "Health Maintenance Organization Act," sections 641.17-641.3923, Florida Statutes (2000) (the "Act")....

...The plan was not an “insured plan” since IMC had an established fund or line item budget allocation for the payment of severance pay benefits under the plan. 1 The state of Florida regulates the operations of “Health Maintenance Organizations” under its Insurance Code. Fla.Stat. Anno. Chapter 641, Part II, § 641.17, et seq....

...Ins. Co., 463 So.2d 1153, 1157 (Fla.1985); Contreras v. U.S. Sec. Ins. Co., 927 So.2d 16, 20 (Fla. 4th DCA 2006), review denied, 954 So.2d 28 (Fla.2007). We agree with the trial court that pursuant to Florida's "Health Maintenance Organization Act," section 641.17-.3923, Florida Statutes (2007), a health maintenance organization is liable for services rendered to a subscriber/patient by a provider, regardless of whether a contract exists between the HMO and the provider....