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Health Insurance (Miscellaneous Provisions) Bill 2008: Report and Final Stages (Resumed) (1 Jul 2009)

Mary Harney: I move amendment No. 38: In page 17, line 38, to delete "year" and substitute "period".

Health Insurance (Miscellaneous Provisions) Bill 2008: Report and Final Stages (Resumed) (1 Jul 2009)

Mary Harney: I move amendment No. 39: In page 17, line 41, to delete "year" and substitute "period".

Health Insurance (Miscellaneous Provisions) Bill 2008: Report and Final Stages (Resumed) (1 Jul 2009)

Mary Harney: I move amendment No. 40: In page 17, to delete lines 47 to 53 and in page 18, to delete lines 1 to 5 and substitute the following: "of a period, it shall make a further determination as to the monetary equivalent amount of the profit which is in excess of the corresponding monetary equivalent amount of such reasonable profit in respect of that period.".

Health Insurance (Miscellaneous Provisions) Bill 2008: Report and Final Stages (Resumed) (1 Jul 2009)

Mary Harney: I move amendment No. 41: In page 18, to delete lines 6 to 36 and substitute the following: "(7) Where, in respect of a period, the Authority has determined under subsection (5)(b) that the cumulative net financial impact of the relevant financial provisions on a registered undertaking or former registered undertaking was positive, and determined under subsection (6)(a) that the undertaking...

Health Insurance (Miscellaneous Provisions) Bill 2008: Report and Final Stages (Resumed) (1 Jul 2009)

Mary Harney: I move amendment No. 42: In page 19, line 4, after "days" to insert the following: "(or, if applicable, the expiration of the longer period permitted pursuant to subparagraph (ii))".

Health Insurance (Miscellaneous Provisions) Bill 2008: Report and Final Stages (Resumed) (1 Jul 2009)

Mary Harney: I move amendment No. 43: In page 19, line 25, to delete "paragraph (d)" and substitute "paragraph (e)".

Health Insurance (Miscellaneous Provisions) Bill 2008: Report and Final Stages (Resumed) (1 Jul 2009)

Mary Harney: I move amendment No. 44: In page 19, between lines 33 and 34, to insert the following: "(12) Notwithstanding that the Authority may not, in respect of a particular year, or in respect of a particular registered undertaking or former registered undertaking, be required under subsection (8) to furnish a report to the Minister, the Minister may make a request in writing to the Authority to be...

Health Insurance (Miscellaneous Provisions) Bill 2008: Report and Final Stages (Resumed) (1 Jul 2009)

Mary Harney: I move amendment No. 45: In page 19, line 47, to delete "7F(8)(c)."." and substitute the following: "7F(8)(c). 7H.---Where a registered undertaking effects a health insurance contract on or after the commencement of section 9 of the Health Insurance (Miscellaneous Provisions) Act 2009 (including any renewal of such a contract entered into before that commencement), it shall, at the same time...

Health Insurance (Miscellaneous Provisions) Bill 2008: Report and Final Stages (Resumed) (1 Jul 2009)

Mary Harney: I move amendment No. 46: In page 20, line 20, to delete "and". I gave a commitment on Committee Stage to do this to provide for specific inclusion of information on open enrolment rights where a contract is subject to renewal. I am satisfied the proposed amendment achieves the wishes of the Deputies opposite who raised this.

Health Insurance (Miscellaneous Provisions) Bill 2008: Report and Final Stages (Resumed) (1 Jul 2009)

Mary Harney: I move amendment No. 47: In page 20, line 24, to delete "contract." and substitute the following: "contract, and (d) without prejudice to the generality of paragraph (a), requiring registered undertakings to include a statement in their offers to renew health insurance contracts, or a class of such offers, as to the rights (including open enrolment rights), or a class of such rights, of the...

Health Insurance (Miscellaneous Provisions) Bill 2008: Report and Final Stages (Resumed) (1 Jul 2009)

Mary Harney: I cannot accept these amendments as they would be contrary to the interests of consumers. Advertising can be misleading. If we deal with the last issue - making it clear that open enrolment is provided for - advertising could distort this in some way and mislead people. I cannot agree to the Deputy's amendments as they are not in the interest of good consumer law.

Health Insurance (Miscellaneous Provisions) Bill 2008: Report and Final Stages (Resumed) (1 Jul 2009)

Mary Harney: Yes. We want to make sure consumers are not misled as to the nature of products being advertised.

Health Insurance (Miscellaneous Provisions) Bill 2008: Report and Final Stages (Resumed) (1 Jul 2009)

Mary Harney: I move amendment No. 51: In page 24, line 31, to delete "7C, 7D" and substitute "7AC, 7D, 7E, 7F, 7G". This is a technical amendment reflecting the additional functions conferred on the Health Insurance Authority following Committee and Report Stages.

Health Insurance (Miscellaneous Provisions) Bill 2008: Report and Final Stages (Resumed) (1 Jul 2009)

Mary Harney: Deputy Reilly's amendment has the effect of deleting one of the purposes of the Bill, so I clearly cannot accept it. Amendment No. 53 makes a necessary syntactical change to facilitate the insertion of new definitions into subsection (1) of section 112A of the Taxes Consolidation Act 1997, and inserts new definitions for "employee" and "employer" into subsection (1) of section 112A of the...

Health Insurance (Miscellaneous Provisions) Bill 2008: Report and Final Stages (Resumed) (1 Jul 2009)

Mary Harney: Yes.

Health Insurance (Miscellaneous Provisions) Bill 2008: Report and Final Stages (Resumed) (1 Jul 2009)

Mary Harney: Nothing changes here. At the moment, if one's employer pays one's health insurance, that is considered a benefit-in-kind and a tax is applied by the Revenue Commissioners. I have forgotten the amount, but one must pay a sum of money in lieu of that. It is the same if one has a company car or any other such benefits. What we are seeking to do in this legislation, as a result of...

Health Insurance (Miscellaneous Provisions) Bill 2008: Report and Final Stages (Resumed) (1 Jul 2009)

Mary Harney: That is correct, unless the Minister for Finance proposes to do so in a given year.

Health Insurance (Miscellaneous Provisions) Bill 2008: Report and Final Stages (Resumed) (1 Jul 2009)

Mary Harney: This purpose of the legislation is to transfer the sum that is given by way of a tax credit to the benefit of older people from younger people within the group of insured persons. How the insurance companies deal with this requirement is entirely a matter for themselves. In other words, it is a decision for individual companies as to whether health insurance premia will increase on foot of...

Health Insurance (Miscellaneous Provisions) Bill 2008: Report and Final Stages (Resumed) (1 Jul 2009)

Mary Harney: I move amendment No. 53: In page 33, lines 27 and 28, to delete all words from and including "and" in line 27 down to and including "long-term" in line 28 and substitute the following: "(c) 'employee' and 'employer' have the same meanings, respectively, as in section 983, and (d) 'qualifying insurer' and 'qualifying long-term".

Health Insurance (Miscellaneous Provisions) Bill 2008: Report and Final Stages (Resumed) (1 Jul 2009)

Mary Harney: I move amendment No. 54: In page 33, to delete lines 31 to 42 and substitute the following: "(b) by inserting the following subsection after subsection (2): "(2A) Where, for any relevant year of assessment, an employer makes a payment of emoluments to an employee consisting of a perquisite in the form of a payment to an authorised insurer under a relevant contract, and such payment qualifies...

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