S.I. No. 82/1996 - Health Insurance Act 1994 (Lifetime Cover) Regulations, 1996


S.I. No. 82 of 1996.

HEALTH INSURANCE ACT 1994 (LIFETIME COVER) REGULATIONS, 1996

The Minister for Health in exercise of the powers conferred on him by sections 3 and 9 of the Health Insurance Act, 1994 (No. 16 of 1994) hereby makes the following Regulations—

1. These Regulations may be cited as the Health Insurance Act, 1994 (Lifetime Cover) Regulations, 1996.

2. These Regulations shall come into operation on the 28th day of March, 1996.

3. In these Regulations

"insured person" means a person named in a health insurance contract as an insured person or an infant born to a person named in a health insurance contract as an insured person provided that in the case of an infant the person who effected the health insurance contract requests that the health insurance contract be altered to name such infant as an insured person, and pays the appropriate premium in respect of such infant, within 13 weeks of the date of birth of the infant.

4. A registered undertaking shall not terminate or (irrespective of whether or not the contract provides for its renewal) refuse to renew a health insurance contract in respect of an insured person except where

( a ) that person has made a fraudulent misrepresentation in relation to a health insurance contract, which has, or could have, resulted in financial loss to a registered undertaking; or

( b ) the undertaking ceases to carry on health insurance business in the State.

5. Any change in the terms of a health insurance contract at time of renewal shall not by that very fact alone be construed as a refusal to renew for the purposes of article 4 of these Regulations.

6. Article 4 of these Regulations is hereby declared to be a penal Regulation for the purposes of section 4 of the Health Insurance Act, 1994 .

GIVEN under the Official Seal of the Minister for Health

this 28th day of March, 1996.

Michael Noonan

Minister for Health

EXPLANATORY NOTE

These Regulations provide that once a person is insured with a registered undertaking it cannot terminate or refuse to renew the contract except in specified limited circumstances.