CopyCited 56 times | Published | Supreme Court of Florida | 28 Fla. L. Weekly Supp. 267, 2003 Fla. LEXIS 461, 2003 WL 1561528
...832,
136 L.Ed.2d 791 (1997)) (Scalia, J., concurring) ("[A]pplying the `relate to' provision according to its terms was a project doomed to failure, since, as many a curbstone philosopher has observed, everything is related to everything else."). [9] Section
641.28, Florida Statutes (2002), provides: 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....
CopyCited 23 times | Published | Supreme Court of Florida
...Moreover, the HMO Act does not foreclose a common law contract action for breach of the statutorily imposed prompt payment provision. Indeed, the HMO Act contemplates actions "to enforce the terms and conditions of a[n] [HMO] contract," and it recognizes that these actions may be brought against an HMO. § 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 § 641.282 (requiring HMOs to pay "every judgment or decree entered in any of the courts of this state against" the HMO within a specified time frame)....
CopyCited 11 times | Published | Florida 4th District Court of Appeal | 2001 Fla. App. LEXIS 1417, 2001 WL 121163
...(1997). 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. In particular, they argue that under section 641.28, and the case law, there is an implied intent by the legislature to provide a private cause of action against an HMO for violation of the Act....
...4th DCA 1990), and states that "[i]n general, a statute that does not purport to establish civil liability, but merely makes provision to secure the safety or welfare of the public as an entity, will not be construed as establishing a civil liability." Murthy,
644 So.2d at 986. Section
641.28 provides: 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....
CopyCited 10 times | Published | Florida 3rd District Court of Appeal | 1991 WL 87271
...as prayed for in the plaintiff's complaint, which necessarily mooted the instant action. 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....
CopyCited 9 times | Published | Florida 4th District Court of Appeal | 2005 WL 1026183
...ant to s. 408.7056. [1] (Emphasis added; footnote added) The Act also contains provisions concerning civil remedies, civil liability, the *218 validity of non-complying contracts, and the interpretation of contracts deviating from the statute. See §§
641.28;
641.3917;
641.3105(1). We note that section
641.28 implicitly recognizes that civil actions are available to enforce the terms and conditions of a health maintenance organization contract....
CopyCited 5 times | Published | Florida 5th District Court of Appeal | 2003 Fla. App. LEXIS 1990, 2003 WL 365908
...Insurance to enforce the statute's requirements and determine whether the provisions are being complied with or violated. The Department may seek a temporary or permanent injunction against an HMO, if the statute or any regulation is being violated. § 641.281....
...is statute, then even more clearly providers do not. Florida Physicians points to two provisions in chapter 641 which refer to lawsuits brought by private parties in support of its argument that a private statutory cause of action is implied. First, section 641.28....
...When providers terminate HMO contracts, consumers of healthcare are negatively impacted. [2] We do not specifically address the question of whether this statute authorizes prevailing party attorney fees in the context of a suit by a provider against an HMO on a contract. Section
641.28 authorizes attorney fee awards specifically on a "health maintenance organization contract" and section
641.19(6) defines a "health maintenance contract" as one entered into by a HMO with a subscriber or group of subscribers....
CopyCited 3 times | Published | Florida 1st District Court of Appeal | 2009 Fla. App. LEXIS 9116, 2009 WL 1940706
...Each deficiency, on its own, constitutes sufficient reason to impose the sanction. First, Long's appeal lacks a statutory basis. In the proceeding below, the trial court dismissed Long's request for attorney's fees. 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....
...This argument ignores the express language of the statute, which states "[i]n any civil action brought to enforce the terms and conditions of a health maintenance organization contract, the prevailing party is entitled to recover reasonable attorneys' fees and court costs." Section 641.28 is limited to only those suits "brought to enforce." At first blush, *1266 the complaint appears to have been brought to enforce the terms of Long's HMO policy due to her request for injunctive relief....
CopyPublished | District Court of Appeal of Florida | 14 Fla. L. Weekly 1195, 1989 Fla. App. LEXIS 2780, 1989 WL 49917
...Finlay, and, accordingly, the conditions precedent necessary to maintain a subrogation remedy need not be shown. Finally, the plaintiff, without dispute, was entitled to an award of attorney’s fees and costs as the prevailing party in this action. § 641.28, Fla.Stat....
