Statutes, codes, and regulations
Florida Administrative Code
Department 69 - DEPARTMENT OF FINANCIAL SERVICESDivision 69O - OIR - Insurance Regulation
Chapter 69O-136 - APPLICATION PROCEDURES FOR COMPANIES SEEKING TO DO BUSINESS IN FLORIDA
Section 69O-136.042 - Continuing Care Contracts

Fla. Admin. Code R. 69O-136.042

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Current through Reg. 50, No. 222; November 13, 2024
Section 69O-136.042 - Continuing Care Contracts
(1) Application for Certificate of Authority.
(a) An application for a person applying for a certificate of authority for a continuing care provider consists of the following:
1. Form OIR-C1-473, "Application for Certificate of Authority for a Continuing Care Provider," effective 07/23, hereby incorporated by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-16309;
2. Form OIR-C1-144, incorporated by reference in Rule 69O-136.100, F.A.C.;
3. Form OIR-C1-905, "Instructions for Furnishing Background Investigative Reports," effective 6/20, hereby incorporated by reference and available at https://www.flrules.org/Gateway/reference.asp?No=Ref-14451;
4. Form OIR-C1-938, incorporated by reference in Rule 69O-136.100, F.A.C.;
5. Form OIR-C1-1423, incorporated by reference in Rule 69O-136.100, F.A.C.;
6. Form OIR-C1-0500, incorporated by reference in Rule 69O-136.100, F.A.C.;
7. Form OIR-C1-0501, incorporated by reference in Rule 69O-136.100, F.A.C.;
8. Form OIR-C1-0502, incorporated by reference in Rule 69O-136.100, F.A.C.;
9. Form OIR-C1-0503, incorporated by reference in Rule 69O-136.100, F.A.C.;
10. Form OIR-C1-0504, incorporated by reference in Rule 69O-136.100, F.A.C.;
11. Form OIR-C1-0505, incorporated by reference in Rule 69O-136.100, F.A.C.;
12. Form OIR-C1-0506, incorporated by reference in Rule 69O-136.100, F.A.C.;
13. Form OIR-C1-0507, incorporated by reference in Rule 69O-136.100, F.A.C.;
14. Form OIR-C1-0509, incorporated by reference in Rule 69O-136.100, F.A.C.; and
15. Form OIR-C1-2221, incorporated by reference in Rule 69O-136.100, F.A.C.
(b) A person applying for a certificate of authority as a continuing care provider shall submit forms in paragraph (1)(a) as directed by the Office electronically at https://www.floir.com/iportal. The forms may be obtained from https://www.floir.com/iportal.
(2) Application for Provisional Certificate of Authority.
(a) An application for a person applying for a provisional certificate of authority for a continuing care provider consists of the following:
1. Form OIR-C1-471, "Application for Provisional Certificate of Authority for a Continuing Care Provider," effective 7/23, hereby incorporated by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-16310;
2. Form OIR-C1-144, incorporated by reference in Rule 69O-136.100;
3. Form OIR-C1-905, incorporated by reference in Rule 69O-136.100;
4. Form OIR-C1-938, incorporated by reference in Rule 69O-136.100;
5. Form OIR-C1-1423, incorporated by reference in Rule 69O-136.100; and
6. Form OIR-C1-2221, incorporated by reference in Rule 69O-136.100.
(b) A person applying for a provisional certificate of authority as a continuing care provider shall submit forms in paragraph (2)(a) as directed by the Office electronically at https://www.floir.com/iportal. The forms may be obtained from https://www.floir.com/iportal.
(3) Consolidated Application for Provisional Certificate of Authority and Certificate of Authority.
(a) A consolidated application for a provisional certificate of authority and certificate of authority for a continuing care provider consists of the following:
1. Form OIR-C1-2220, "Consolidated Application for Provisional Certificate of Authority and Certificate of Authority for a Continuing Care Provider," effective 07/23, hereby incorporated by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-16311;
2. Form OIR-C1-144, incorporated by reference in Rule 69O-136.100;
3. Form OIR-C1-905, incorporated by reference in Rule 69O-136.100;
4. Form OIR-C1-938, incorporated by reference in Rule 69O-136.100;
5. Form OIR-C1-1423, incorporated by reference in Rule 69O-136.100; and
6. Form OIR-C1-2221, incorporated by reference in Rule 69O-136.100.
(b) A person filing a consolidated application for provisional certificate of authority and certificate of authority for a continuing care provider shall submit forms in paragraph (3)(a) as directed by the Office electronically at https://www.floir.com/iportal. The forms may be obtained from https://www.floir.com/iportal.
(4) Application for the Simultaneous Acquisition of a Continuing Care Facility and Issuance of a Certificate of Authority to a Provider.
(a) An application for the simultaneous acquisition of a continuing care facility and issuance of a certificate of authority consists of the following:
1. Form OIR-C1-2219, "Application for the Simultaneous Acquisition of a Continuing Care Facility and Issuance of a Certificate of Authority to a Provider," effective 07/23, hereby incorporated by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-16312;
2. Form OIR-C1-144, incorporated by reference in Rule 69O-136.100;
3. Form OIR-C1-905, incorporated by reference in Rule 69O-136.100;
4. Form OIR-C1-938, incorporated by reference in Rule 69O-136.100;
5. Form OIR-C1-2221, incorporated by reference in Rule 69O-136.100; and
6. Form OIR-C1-1423, incorporated by reference in Rule 69O-136.100.
(b) A person applying for simultaneous acquisition of a continuing care facility and issuance of a certificate of authority shall submit forms in paragraph (4)(a) as directed by the Office electronically at https://www.floir.com/iportal.
(c) Disclaimer of Control
1. A person may attempt to rebut a presumption of control pursuant to Section 651.0245, F.S., by electronically filing at https://www.floir.com/iportal one of the following forms, which may be obtained from https://www.floir.com/iportal, with the Office:
a. Form OIR-C1-1467, incorporated by reference in Rule 69O-136.100;
b. Form OIR-C1-1468, incorporated by reference in Rule 69O-136.100;
c. Form OIR-C1-2211, incorporated by reference in Rule 69O-136.100.
2. A person may attempt to rebut a presumption of control pursuant to section 651.0245, F.S., by filing a copy of a Schedule 13G filed with the Securities and Exchange Commission pursuant to Rule 13d-1(b) or (c), 17 C.F.R. s. 240.13d-1, under the Securities Exchange Act of 1934, as amended, to the Office electronically at https://www.floir.com/iportal.
3. Pursuant to Section 651.0245(6), F.S., the Office is authorized to disallow a disclaimer of control filed pursuant to subparagraphs (4)(c)1. and (4)(c)2.
(5) Application for Expansion.
(a) An application for a person applying for expansion of a certificated continuing care facility consists of the following:
1. Form OIR-C1-2218, "Application for Expansion of a Certificated Continuing Care Facility," effective 07/23, hereby incorporated by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-16313;
2. Form OIR-C1-905, incorporated by reference in Rule 69O-136.100;
3. Form OIR-C1-938, incorporated by reference in Rule 69O-136.100;
4. Form OIR-C1-1423, incorporated by reference in Rule 69O-136.100; and
5. Form OIR-C1-2221, incorporated by reference in Rule 69O-136.100.
(b) A person applying for expansion of a certificated continuing care facility shall submit forms in paragraph (5)(a) as directed by the Office electronically at https://www.floir.com/iportal. The forms may be obtained from https://www.floir.com/iportal.
(6) Manager or Management Company.
(a) To comply with the filing requirements of Section 651.043(2), F.S., for each new management company or manager not employed by a management company within 10 business days of a change in management, the provider shall submit the following:
1. Form OIR-C1-905, incorporated by reference in Rule 69O-136.100;
2. Form OIR-C1-938, incorporated by reference in Rule 69O-136.100; and
3. Form OIR-C1-1423, incorporated by reference in Rule 69O-136.100.
4. A copy of the written management contract, if applicable.
(b) The documents in paragraph (6)(a) shall be submitted to the Office electronically at https://www.floir.com/iportal. The forms may be obtained from https://floir.com/iportal.

Fla. Admin. Code Ann. R. 69O-136.042

Rulemaking Authority 651.015(3), 651.021(2), 651.022(2), 651.0245(3), (5), (6), 651.0246(1), 651.043 FS. Law Implemented 651.0215, 651.022, 651.023, 651.024, 651.0245, 651.0246 FS.

New 7-16-92, Formerly 4-193.003, Amended 3-12-20, 7-21-22, 1-17-24, Formerly 69O-193.003.