Florida laws have no jurisdiction over a Medicare HMO.

Unless this was an emergency, the patient must normally have permission from their HMO to go out of network. If there was no permission from the PCP, then the HMO does not have to pay for out of network care.

For example, with AvMed, which is a Medicare HMO, the member must remain in network in order to pay for services. If the patient goes out of their geographical area and to a non network provider, AvMed doesn't pay.