# Fla. Stat. § 395.106: 395.106 Risk pooling by certain hospitals and hospital systems

> Florida · Statutes · In force

URL: https://www.frixlaw.com/law-library/statutes/STATE_FL_TXXIX_C395_PI_S395.106

## Section

- **Citation:** Fla. Stat. § 395.106
- **Heading:** 395.106 Risk pooling by certain hospitals and hospital systems
- **Jurisdiction:** Florida
- **Kind:** Statutes
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** Florida Code / Title XXIX / Chapter 395 / Part I / Section 395.106

## Text

(1) Notwithstanding any other provision of law, any two or more hospitals licensed in this state and located in this state may form an alliance for the purpose of pooling and spreading liabilities of its members relative to property exposure, implementing self-insurance coverage for its members, or securing such property insurance coverage for the benefit of its members, provided an alliance that is created: (a) Has annual premiums in excess of $3 million. (b) Maintains a continuing program of premium calculation and evaluation and reserve evaluation to protect the financial stability of the alliance in an amount and manner determined by consultants using catastrophic (CAT) modeling criteria or other risk-estimating methodologies, including those used by qualified and independent actuaries. (c) Causes to be prepared annually a fiscal year-end financial statement based upon generally accepted accounting principles and audited by an independent certified public accountant within 6 months after the end of the fiscal year. (d) Has a governing body comprised entirely of member entities whose representatives on such governing body are specified by the organizational documents of the alliance.

(2) For purposes of this section, the term: (a) “Alliance” means a corporation, association, limited liability company, or partnership or any other legal entity formed by a group of eligible entities. (b) “Property coverage” means property coverage provided by self-insurance or insurance for real or personal property of every kind and every interest in such property against loss or damage from any hazard or cause and against any loss consequential to such loss or damage.

(3) An alliance that meets the requirements of this section is not subject to any provision of the insurance code.

(4) An alliance that meets the requirements of this section is not an insurer for purposes of participation in or coverage by the Florida Insurance Guaranty Association established in part II of chapter 631. Alliance self-insured coverage is not subject to insurance premium tax, and any such alliance formed pursuant to this section may not be assessed for purposes of s. 215.555 or s. 627.351.

(5) Reinsurance companies complying with s. 624.610 may issue coverage directly to an alliance self-insuring its liabilities under this section. An alliance purchasing reinsurance shall be considered an insurer for the sole purpose of entering into such reinsurance contracts. Contracts of reinsurance issued to an alliance under this section shall receive the same tax treatment as reinsurance contracts issued to insurance companies. However, the purchase of reinsurance coverage by an alliance self-insuring pursuant to this section shall not be construed as authorizing an alliance to otherwise act as an insurer.

History: s. 6, ch. 2007-1; s. 2, ch. 2008-220.

## Nearby sections

- [Fla. Stat. § 395.001 395.001 Legislative intent.](https://www.frixlaw.com/law-library/statutes/STATE_FL_TXXIX_C395_PI_S395.001.md)
- [Fla. Stat. § 395.002 395.002 Definitions.](https://www.frixlaw.com/law-library/statutes/STATE_FL_TXXIX_C395_PI_S395.002.md)
- [Fla. Stat. § 395.003 395.003 Licensure; denial, suspension, and revocation.](https://www.frixlaw.com/law-library/statutes/STATE_FL_TXXIX_C395_PI_S395.003.md)
- [Fla. Stat. § 395.004 395.004 Application for license; fees.](https://www.frixlaw.com/law-library/statutes/STATE_FL_TXXIX_C395_PI_S395.004.md)
- [Fla. Stat. § 395.009 395.009 Minimum standards for clinical laboratory test results and diagnostic X-ray results; prerequisite for issuance or renewal of license.](https://www.frixlaw.com/law-library/statutes/STATE_FL_TXXIX_C395_PI_S395.009.md)
- [Fla. Stat. § 395.0056 395.0056 Litigation notice requirement.](https://www.frixlaw.com/law-library/statutes/STATE_FL_TXXIX_C395_PI_S395.0056.md)
- [Fla. Stat. § 395.0091 395.0091 Alternate-site testing.](https://www.frixlaw.com/law-library/statutes/STATE_FL_TXXIX_C395_PI_S395.0091.md)
- [Fla. Stat. § 395.106 395.106 Risk pooling by certain hospitals and hospital systems.](https://www.frixlaw.com/law-library/statutes/STATE_FL_TXXIX_C395_PI_S395.106.md)
- [Fla. Stat. § 395.107 395.107 Facilities; publishing and posting schedule of charges; penalties.](https://www.frixlaw.com/law-library/statutes/STATE_FL_TXXIX_C395_PI_S395.107.md)
- [Fla. Stat. § 395.0161 395.0161 Licensure inspection.](https://www.frixlaw.com/law-library/statutes/STATE_FL_TXXIX_C395_PI_S395.0161.md)
- [Fla. Stat. § 395.0162 395.0162 Inspection reports.](https://www.frixlaw.com/law-library/statutes/STATE_FL_TXXIX_C395_PI_S395.0162.md)
- [Fla. Stat. § 395.0163 395.0163 Construction inspections; plan submission and approval; fees.](https://www.frixlaw.com/law-library/statutes/STATE_FL_TXXIX_C395_PI_S395.0163.md)
- [Fla. Stat. § 395.0185 395.0185 Rebates prohibited; penalties.](https://www.frixlaw.com/law-library/statutes/STATE_FL_TXXIX_C395_PI_S395.0185.md)
- [Fla. Stat. § 395.0191 395.0191 Staff membership and clinical privileges.](https://www.frixlaw.com/law-library/statutes/STATE_FL_TXXIX_C395_PI_S395.0191.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_FL_TXXIX_C395_PI_S395.106. Check the current official text before relying on it. Not legal advice.