Voluntary Health Insurance (Amendment) Act 2008
I gCuid Ghearr
Is éard atá sa dlí seo ná leasú ar Achtanna Árachais Sláinte Deonacha roimhe seo, ag tabhairt feidhmeanna breise don Bhord Árachais Sláinte Deonacha agus ag tabhairt cumhachta dó fochuideachtaí a bhunú nó a fháil. Tá sé mar aidhm aige an Bord a chur de cheangal iarratas a dhéanamh ar údarú chun gnó árachais neamhshaoil a sheoladh trí fhochuideachta.
Cad a Rialálann sé
- Leasuithe ar shainmhínithe maidir le conarthaí árachais sláinte agus íocaíochtaí cúitimh d’othair chónaitheacha.
- Feidhmeanna breise an Bhoird Árachais Sláinte Deonacha.
- Cumhacht an Bhoird fochuideachtaí a bhunú nó a fháil chun feidhmeanna áirithe a chomhlíonadh.
- Aistriú gnó scéimeanna árachais sláinte agus scéimeanna árachais a bhaineann le sláinte chuig fochuideachtaí.
Cé lena mbaineann sé
- An Bord Árachais Sláinte Deonacha.
- Fochuideachtaí a bhunaíonn nó a fhaigheann an Bord.
Príomhphointí
- Ní bheidh feidhm ag an Acht um Chuideachtaí Árachais 1909 ná ag an Acht Árachais 1989 maidir le cumasc nó aistriú a dhéantar faoin Acht seo.
- Ní bheidh feidhm ag conarthaí árachais sláinte áirithe maidir le forálacha áirithe den Acht 1994, go háirithe má dhéanann siad foráil d’íocaíochtaí cúitimh d’othair chónaitheacha.
- Ní mór don Bhord a ghnó a sheoladh ar bhealach costéifeachtach agus éifeachtúil, agus ní mór dó cistí a bhailiú chun freastal ar chostais agus chun ciste ráthaíochta íosta a fháil roimh an 31 Nollaig 2008, nó dáta níos déanaí a cheapfaidh an tAire.
- Féadfaidh an Bord fochuideachtaí a bhunú nó a fháil chun feidhmeanna áirithe a chomhlíonadh, lena n-áirítear gnó árachais neamhshaoil.
Legal text
Voluntary Health Insurance (Amendment) Act 2008 Skip to content Disclaimer Feedback Helpdesk Gaeilge Léim go dtí an t-ábhar Séanadh Aiseolas Deasc chabhrach English Gaeilge English Produced by the Office of the Attorney General Táirgthe ag Oifig an Ard-Aighne Home Legislation Acts of the Oireachtas Statutory Instruments Pre-1922 Legislation Constitution External Resources Bills (Houses of the Oireachtas) Iris Oifigiúil / Official Gazette Revised Acts (LRC) Classified List of Legislation (LRC) Translations (acts.
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- s)or rangeBliain nó blianta nó raon TypeCineál All Legislation Acts Statutory Instruments Advanced SearchCuardach Casta HomeBaile ActsAchtanna 2008 Voluntary Health Insurance (Amendment) Act 2008 Voluntary Health Insurance (Amendment) Act 2008 Permanent Page URL View by SectionAmharc de réir Ailt View Full ActAmharc ar an Acht Iomlán Bill History Stair Bille Commencement, Amendments, SIs made under the Act Tosach Feidhme, Leasuithe, IRí arna ndéanamh faoin Acht Open PDFOscail PDF Print Full ActPriontáil an tAcht Iomlán Number 6 of 2008 VOLUNTARY HEALTH INSURANCE (AMENDMENT) ACT 2008 ARRANGEMENT OF SECTIONS Section 1. Definitions. 2. Non-application of Assurance Companies Act 1909, etc. 3. Amendment of section 2 of Act of 1994. 4. Amendment of section 10 of Act of 1994. 5. Amendment of section 12 of Act of 1994. 6. Amendment of section 2 of Act of 1996. 7. Additional functions of Board. 8. Board may form and establish or acquire subsidiaries to perform functions other than functions excluded from section. 9. Transfer day. 10. Board may form and establish or acquire subsidiary for purposes of transferring business of health insurance schemes and health-related insurance schemes to such subsidiary. 11. Transfer of land and other property. 12. Transfer of rights and liabilities, and continuation of leases, licences and permissions by Board. 13. Liability for loss, etc., occurring before transfer day. 14. Provisions supplementary to sections 9 to 13. 15. Staff transfer day. 16. Transfer of staff. 17. Board may form and establish or acquire subsidiaries to perform functions referred to in section 7(c). 18. Report to Competition Authority. 19. Borrowing by Board and subsidiaries. 20. Orders. 21. Repeals. 22. Short title, collective citation, construction and commencement. SCHEDULE Enactments Repealed Acts Referred to Assurance Companies Act 1909 9 Edw. 7, c. 49 Central Bank and Financial Services Authority of Ireland Act 2003 2003, No. 12 Health Insurance (Amendment) Act 2001 2001, No. 17 Health Insurance Act 1994 1994, No. 16 Insurance Act 1989 1989, No. 3 Minimum Notice and Terms of Employment Acts 1973 to 2005 Organisation of Working Time Act 1997 1997, No. 20 Protection of Employees (Part-Time Work) Act 2001 2001, No. 45 Redundancy Payments Acts 1967 to 2007 Unfair Dismissals Acts 1977 to 2007 Voluntary Health Insurance (Amendment) Act 1996 1996, No. 4 Voluntary Health Insurance Act 1957 1957, No. 1 Voluntary Health Insurance Acts 1957 to 1998 Number 6 of 2008 VOLUNTARY HEALTH INSURANCE (AMENDMENT) ACT 2008 AN ACT TO AMEND THE VOLUNTARY HEALTH INSURANCE ACT 1957, THE HEALTH INSURANCE ACT 1994, THE VOLUNTARY HEALTH INSURANCE (AMENDMENT) ACT 1996, THE HEALTH INSURANCE (AMENDMENT) ACT 2001, TO CONFER ADDITIONAL FUNCTIONS ON THE VOLUNTARY HEALTH INSURANCE BOARD, TO EMPOWER THE BOARD TO FORM AND ESTABLISH OR ACQUIRE SUBSIDIARIES TO PERFORM CERTAIN FUNCTIONS OF THE BOARD, WITH A VIEW TO OBLIGING THE BOARD TO APPLY FOR A GRANT TO THE RELEVANT SUBSIDIARY OF AN AUTHORISATION TO CARRY ON THE BUSINESS OF NON-LIFE INSURANCE, TO SPECIFY THE BORROWING POWERS OF THE BOARD AND SUCH SUBSIDIARIES, AND TO PROVIDE FOR RELATED MATTERS. [15th April, 2008] BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS: Definitions. 1.— In this Act— “ Act of 1994 ” means the Health Insurance Act 1994 ; “Act of 1996” means the Voluntary Health Insurance (Amendment) Act 1996 ; “ Act of 2001 ” means the Health Insurance (Amendment) Act 2001 ; “ authorisation date ” means the date on which the authorisation (within the meaning of the Regulations of 1994) granted to the relevant subsidiary to carry on the business of non-life insurance comes into operation; “ Board ” means the Voluntary Health Insurance Board; “ company ” has the meaning it has in the Companies Acts; “ Minister ” means the Minister for Health and Children; “ Regulations of 1994 ” means the European Communities (Non-Life Insurance) Framework Regulations 1994 ( S.I. No. 359 of 1994 ); “ relevant subsidiary ” shall be construed in accordance with section 10 ; “ services subsidiary ” shall be construed in accordance with section 16 ; “ staff transfer day ” means the day appointed under section 15 to be the staff transfer day for the purposes of this Act; “ subsidiary ” means a subsidiary (within the meaning of section 155 of the Companies Acts) of the Board; “ transferred business ” means the business referred to in section 10
- a)by the insertion of the following definition: “ ‘ Act of 2001 ’ means the Health Insurance (Amendment) Act 2001 ;”, (
- b)in the definition of “health insurance contract” (inserted by section 2 of the Act of 2001), by the substitution of the following paragraph for paragraph (d): “(
- d)a contract of insurance, or any other insurance arrangement, the purpose of which is to provide for the making of payments specifically for the reimbursement or discharge of fees or charges in respect of the provision of hospital in-patient services or relevant health services to persons or any dependants of any of them and one of the following conditions is satisfied— (
- i)neither the said persons nor any such dependants are ordinarily resident in the State, or (
- ii)where any of the persons to whom the said contract or arrangement relates are temporarily resident in the State during the subsistence of the said contract or arrangement— (I) those persons are so resident solely for the purpose of carrying out their duties as employees, and (II) those persons constitute not more than— (A) 20 per cent of the total number of persons (other than dependants of them) to whom the said contract or arrangement relates, and (B) 20 of the total number of persons employed in the State by the one person;”, and (
- c)by the insertion of the following definition: “ ‘in-patient indemnity payment’ means any payment made pursuant to a health insurance contract by a registered undertaking for the purposes of reimbursing or discharging, in whole or in part, fees or charges in respect of the provision of hospital in-patient services.”. Amendment of section 10 of Act of 1994. 4.— Section 10 (as amended by section 13 of the Act of 2001) of the Act of 1994 is amended— (
- a)in subsection
- a)where, and without prejudice to the generality of paragraphs (
- a)to (
- d)of the definition of ‘health insurance contract’ (inserted by section 2 of the Act of 2001) in section 2
- c)Without prejudice to the generality of paragraphs (
- a)to (
- d)of the definition of ‘health insurance contract’ (inserted by section 2 of the Act of 2001) in section 2
- a)meet all charges and costs which are properly chargeable to its income and expenditure account, (
- b)acquire— (
- i)subject to subparagraph (ii), before 31 December 2008, (
- ii)before such later date as the Minister may by order appoint if, and only if, he or she is satisfied that there is good and sufficient reason for so doing, a fund greater than the minimum guarantee fund that it is required to possess pursuant to Regulation 13
- b)of the European Communities (Non-Life Insurance) Framework Regulations 1994 ( S.I. No. 359 of 1994 ) to enable it to make an application for the grant to the relevant subsidiary (within the meaning of section 1 of the Act of 2008) of an authorisation (within the meaning of those Regulations) to carry on the business of non-life insurance, and (
- c)discharge the financial liabilities of the Board (including the repayment of borrowings and interest thereon) arising from the performance of any functions of the Board to raise or borrow money.”, (
- d)by the insertion of the following subsection after subsection
- a)accrue a capital reserve; (
- b)secure subordinated loans; (
- c)re-insure part of its health insurance business; (
- d)raise or borrow money in accordance with section 19 of the Act of 2008; (
- e)seek the provision of capital by the State in return for shares in a subsidiary formed and established or acquired pursuant to the Act of 2008; (
- f)seek the provision of capital by such other means as may be approved by the Minister with the consent of the Minister for Finance.”, and (
- e)in subsection
- a)carry out schemes for the provision of, or otherwise provide (whether as principal or agent or otherwise) services in respect of, health care, health insurance, illness related insurance, personal care or related activities, including— (
- i)activities of an advisory or consultative nature, and (
- ii)activities involving the exploitation of information technology or the provision of advice with respect to such exploitation, (
- b)carry out schemes, or otherwise provide or make arrangements, for the provision of, services to the Board, and (
- c)on or after the authorisation date— (
- i)acquire, manage, operate and maintain medical facilities, (
- ii)act as principal or agent or otherwise in respect of the provision of pensions and financial services, and (iii) engage in such other activities as are connected with the functions of the Board. Board may form and establish or acquire subsidiaries to perform functions other than functions excluded from section. 8.—
- a)form and establish or acquire one or more subsidiaries, and (
- b)acquire, hold and dispose of shares or other interests in a company and become a member of a company.
- a)shall be in such form as is consistent with the Voluntary Health Insurance Acts 1957 to 2008 as may be determined by the Board, and (
- b)may include all such objects and powers as are reasonably necessary or proper for, or incidental or ancillary to, the due attainment of the principal objects of the subsidiary, consistent with the Voluntary Health Insurance Acts 1957 to 2008.
- a)subject to paragraph (b), the staff of the subsidiary (if any) formed and established or acquired by the Board in accordance with section 8 for the purposes of providing services to the Board and any of the subsidiaries of the Board (“services subsidiary”), (
- b)the staff of such other subsidiary ( “other subsidiary” ), if any, of the Board as the Board has specified in writing, for the purposes of that day, in respect of the member of staff concerned or class of members of staff concerned, as the case may be.
- a)form and establish or acquire one or more subsidiaries, and (
- b)acquire, hold and dispose of shares or other interests in a company and become a member of a company.
- a)shall be in such form as is consistent with the Voluntary Health Insurance Acts 1957 to 2008 as may be determined by the Board, and (
- b)may include all such objects and powers as are reasonably necessary or proper for, or incidental or ancillary to, the due attainment of the principal objects of the subsidiary, consistent with the Voluntary Health Insurance Acts 1957 to 2008. Report to Competition Authority. 18.— The Board shall report on a six monthly basis to the Competition Authority giving particulars of its insured membership figures. Borrowing by Board and subsidiaries. 19.—
- No. 1 of 1957 Voluntary Health Insurance Act 1957 Section 18
- No. 16 of 1994 Health Insurance Act 1994 Paragraph (c) of the definition of “health insurance contract” (inserted by section 2 of the Health Insurance (Amendment) Act 2001 ) in section 2
- No. 4 of 1996 Voluntary Health Insurance (Amendment) Act 1996 Section 3
- No. 17 of 2001 Health Insurance (Amendment) Act 2001 Section 14 Privacy Statement Accessibility European Legislation Identifier (PDF) Open Data License Ráiteas Príobháideachais Inrochtaineacht Aitheantóir Eorpach Reachtaíochta (ELI) Ceadúnas Sonraí Oscailte Liosta Fianán © Government of Ireland. Oireachtas Copyright Material is reproduced with the permission of the Houses of the Oireachtas © Rialtas na hÉireann. Atáirgtear ábhar faoi Chóipcheart le cead ó Thithe an Oireachtais