EU ANTITRUST: HOT TOPICS & NEXT STEPS

Prague, Czechia

EU ANTITRUST: HOT TOPICS & NEXT STEPS 2022

Moreover, under the thirdNon-life InsuranceDirective (Council Directive 92/49/ EEC) there are some important conditions to apply solidarity exception: 1) it must be to protect the general good; 2) measures must be shown to be necessary and proportional to the aim, not unduly restrict the right of establishment or the freedom to provide services. Regarding the general good, it is important to state the following. Today, most states – “representatives of all dominant cultures – participate in the universal consensus according to which the protection of human rights is an integral component of international law” (Káčer, 2021, p. 517). So, if the norm on any innovation includes the idea of protecting human rights to decent health services and increasing access to quality health care, then even if it went against EU law, this norm would be legal. Was the Czech Republic’s real goal to protect the rights of migrants to affordable and high-quality medical care? The first of two main arguments (Pozměňovací návrh [online], 2021) for these alterations was the “deficit of guarantee of provision of comprehensive health care” (“it is a measure aimed at fulfilling an objective of general interest, i.e. guaranteeing the protection of the health of long-term residents of third countries and their access to healthcare”). Regarding this point, which is called “to protect the consumer” and is the main essence of “general good”, it is indeed true that previous to this decision, there were insufficient guarantees of adequate and full-fledged provision of medical services for unemployed foreigners with long-term residence. But we must recognize that the new rules do not solve these problems, because: 1) the law did not stipulate that it was an obligation of the insurance company to insure all foreigners (non-insurance still exists); 2) there is no direct legislative prohibition on exceptions for coverage of chronic diseases (there are still claimants whose pre-existing conditions are not covered, thus violating Article 5(b) of Directive 2003/109/EU); 3) Article180j (7) states that the insured should not pay direct charges for treatment (this paragraph existed before); however, in practice, the insured foreigners must pay and wait for reimbursable expenses from the insurer. PVZP is offering 2 insurance options for foreigners now. The “Plus” option does not apply to chronic diseases (pre-existing conditions). The “Exclusive” option is offered without exceptions; it also applies to chronic diseases, but the final price is set after an introductory medical examination (3 options for insurance coverage depending on the price of the insurance policy). To contextualise: 1) the average gross salary in Czechia is about 1500 Euros, the upper limit of average salary is about 2375 Euros (ČSÚ [online], 2021]; 2) price of insurance policy: adult – 1150 Euros in a year, child – more than 1400, elderly – more than 2,000 Euros. What seems apparently reasonable, quickly becomes inaccessible because of the unfounded limitations placed on clients: all payments must be made upfront

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