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Florida Administrative Code (Last Updated: June 27, 2024) |
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69. Department of Financial Services |
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69O. OIR – Insurance Regulation |
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69O-193. Continuing Care Contracts |
1(1) Scope of Rule. Any portion of a dispute which is not resolved in mediation under rule 1869O-193.062, 19F.A.C., may be submitted by a party to binding arbitration under this rule if all parties agree in advance to be bound by the arbitrated result.
45(2) Definitions. The following definitions as found in this rule and as found in documents incorporated by reference in this rule shall apply for purposes of this rule:
73(a) “AAA” or “Administrator” refers to the entity designated by contract with the Department to administer arbitration hearings under this rule. If an entity has not been designated, the Department will be the administrator.
107(b) “Department” means the Department of Financial Services.
115(3) Arbitrator Qualifications. Arbitrators shall be members of The Florida Bar, unless the parties agree otherwise. All arbitrators shall have attended 4 hours of training in a program approved by the Supreme Court of Florida. Only arbitrators so qualified may determine disputes under this rule. For purposes of this rule, arbitrators shall have the immunity from suit provided to arbitrators in section 17744.107, F.S.
179(4) Initiating Arbitration Process. If any portion of a dispute mediated at a conference held under rule 19669O-193.062, 197F.A.C., remains unresolved at the conclusion of the mediation proceeding, the administrator shall inform the parties of their right to arbitrate the unresolved portion of the dispute under this rule.
227(5) Arbitration Hearings. Arbitrations under this rule shall be held in accordance with the Arbitration Rules of the American Arbitration Association, as found in the pamphlet entitled “Health Care Claim Settlement Procedures,” published by the American Arbitration Association, rev. 2/92, which is hereby incorporated by reference. Copies of that rule may be obtained by contacting the Department at the Bureau of Insurance Consumer Assistance, Attn.: Mediation Program, 200 East Gaines Street, Tallahassee, Florida 32399-0322, telephone (850)922-3132, ext. 5833, facsimile (850)488-2349. Rule 30969O-193.063, 310F.A.C., shall govern in any conflict between this rule and any provision which is incorporated by reference.
327Rulemaking Authority 329624.308(1), 330651.015(3) FS. 332Law Implemented 334624.307(1), 335651.106, 336651.108, 337651.123 FS. 339History–New 7-28-94, Formerly 4-193.063.
