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The bill presented by MP Bilal Abdullah to Parliament last year was fiercely opposed by the “coalition” of guarantors and insurance companies on the pretext that it could not be applied, due to the lack of employees in the ministry (! ), And their inability to collect, and for other reasons, while the “home” The point »Elsewhere: these companies will not give up an important source of income from which they do not spend much on the insured.
The proposal was sent to the Council of Ministers and the Ministry of Finance made its review (No. 2043, dated 07/20/2019), the Health Ministry its observations (No. 14578/1/19 dated 10/1/2019). 2019) and the Authority for the Administration of Traffic, Mechanisms and Vehicles (Ministry of the Interior) read it (No. 31257/2019, dated 3/3/2020). It is still the subject of discussion in the Parliamentary Health Committee, which announced, in a session on February 18, of “considerations related to the breadth of the budget”, that it was ready to double Abdullah’s proposal, provided that the Minister of Economy (which is affiliated to its guardianship present the Mandatory Insurance Authorities and Insurance Companies Supervisory Committee) «guarantees to stop the work of any company that violates this order, and to take harsh measures against it. After that session, Lebanon entered the spiral of Corona, public mobilization, hospitalization and economic pressure, and the guarantees of the Ministry of Economy did not reach the level of the crisis situation, then the crisis of the insurers announcing that they would not cover the Corona patients, for example, after the uproar of announcing (and later reviewing) that they had complied with the dollar policies … Which shows that private insurers prioritize their economic benefits before the health of their policyholders, in the absence of strict procedures against him, except what the Insurance Authorities Control Commission announces as “inspection” and dedicates a direct line to complaints.
The head of the Parliamentary Health Commission, Assem Araji, explained in a call with «Al-Akhbar» that “the proposal is still in the committee, but several problems have arisen, including the health situation, so it is no longer a priority. But there is no objection to going back to his lesson. “Although the sources of the Ministry of the Interior confirm that” the proposal is positive and there is no objection from the ministries to ensure the health of the injured, “the sources of the Ministry of Health They indicated that “we have requested a feasibility study during the last five years regarding this proposal, to show the costs and the capacity of the Ministry to cover with the increase in the number of those who have been left without collateral. Of those who lost their jobs. »And he adds:” The proposal needs amendments and perhaps the creation of a special fund in the ministry. “
Fierce opposition to the transfer of the accident guarantee to the Ministry of Health
Despite the objection of the companies, the Minister of the Interior and Municipalities, Muhammad Fahmy (reference number 5639), on June 4 forwarded the bill, including the letter from the Traffic, Vehicles and Machinery Authority, to the Secretariat of the National Road Safety Commission, for its study and advisory opinion. The secretariat presented the proposal to the committee members, some of whom had reservations, notably the acting chair of the Oversight Committee of the Insurance Authorities, Nadine Habbal, and the president of the Lebanese Association of Insurance Companies, Elie Tarabay … and the secretariat has not yet given its response to the Home Secretary. The committee’s response, if ready, is supposed to be presented to the National Road Safety Council, including recommendations from the Minister of the Interior, and then to the Council of Ministers.
Among the supporters of the proposal is the secretary of the National Committee for Road Safety Ramzi Salameh, who provided his reading and observations within the committee, and explained to “Al-Akhbar” that the basic principle is “the right to health for all, and guarantee the immediate hospitalization without exceptions of all those injured in traffic collisions, instead of Waiting for him in the hospital emergency or delaying his treatment and exposing him to disability or death … Then the limits of carrying the loads of the Ministry are studied Health Department, because it is currently treating part of the injured. This issue, contrary to what the owners of insurance companies see, “is not a usurpation of the duties of the insurance sector. Rather, it is the duty of the State towards its citizens to protect them from death and permanent disabilities. “Regarding the observations on the collection of contributions by the ministry, Salameh believes that” this will not happen and the ministry will not pay any compensation related to bodily injury and property damage resulting from traffic collisions. “
The issue, in Salameh’s view, goes beyond observations on a bill that can be amended and turned into a bill with modern implementing decrees. Rather, it is related to the “road safety employment contract, which is an international contract issued 10 years ago, the fifth pillar of which emphasizes care for victims of trauma.” Subsequently, international interest in road safety and those affected by it has changed, especially since the legislative decree (No. Will it take care of the rest? ”Salameh raises a series of questions about“ the problems of compulsory insurance and the amounts accumulated by the National Compulsory Insurance Corporation without its objective being to cover the hospitalization of those who are not compulsorily insured; According to the last report issued by insurance companies in 2018, noting that global custom requires payment of compensation within the two years after the crash, unpaid compensation to policyholders dating back to prior years.
As for the objectors, they have a different approach, based on the premise that “insurance is not part of the functions of the Ministry of Health and cannot charge fees. Rather, any step requires actuarial and technical studies and evaluation and not populist positions “, according to Habbal, who announced” reservation on the proposal “. I informed the Minister of the Interior of my opinion, as well as the members of the committee, “he tells” Al-Akhbar. “Habal responds to the problems of compulsory insurance and the reluctance of insurers to compensate those affected, saying that” one of our tasks is to take measures against companies that fail to pay, which is what we do. We have also agreed with Social Security not to cover hospitalization for those who have mandatory policies. ”Tarabay, who is a member of the National Security Authority Vial also expressed his reservations about the proposal that “fell for us, and we are discussing our position in the committee,” as confirmed to “Al-Akhbar.” Tarabay’s position arises from “not accepting the division of policies between compensation and hospitalization “, and asked:” How does the Ministry of Health take care of the injured and the unpaid amounts of the hospitals? Is there state revenue to cover in this circumstance? In addition, this change needs a critical transition period ”. Tarabay’s opinion does not deviate from the idea of not withdrawing the mandatory insurance from the insurance companies, “since 90% of the policy goes to the cost of hospitalization, and then the citizen has no interest in business insurance! ” Without denying the lack of compensation from the insurance companies to many of those affected, he points out that “the matter is related to the fact that the person is not being informed that he is insured with the hospital, but as soon as they inform us of cases of this type, we contact the insurance company and the matter is resolved “, asking:” If the coverage is returned. However, the Ministry of Health, can the affected file a complaint against the State? “
The mandatory insurance file and the need to review it is not based on the reality of the inaction of the insurance companies, but on the need for the Ministry of Economy to address the “legal gap” between the implementing decrees and the text of the Legislative decree that defined the tasks of the National Compulsory Insurance Corporation. Pursuant to Article 9 of Legislative Decree (No. 105/1977) relating to mandatory security, it was entrusted with the task of “paying compensation for bodily injury in cases such as damage caused by an uninsured vehicle or a unknown vehicle, as well as damage caused by a vehicle in which the insurance authority in question could not pay compensation. The obligatory ones for its bankruptcy or its cessation of payment. However, the implementing decree (No. 9585/2003) limited the tasks of the institution in a first stage by defining the form of the mandatory guarantee contract and the mandatory insurance premium rate, without mentioning the rest of the specified tasks. in the law, including the issue of compensation. In addition to the revocation of the State Council (in 2017) the regulatory decisions issued by the Corporation related to the mandatory guarantee contract model and the insurance premium rate. Consequently, human rights defenders believe that in the current health and economic situation there are more realistic and faster solutions, starting at least with the modification of the implementing decree (No. 9585/2003) expanding the functions of the National Corporation for Mandatory Insurance (which provides accurate reports on your imports) to include damage coverage in the event of failure. Some insurance companies renounce their coverage, in exchange for the companies’ commitment to pay a percentage of the compulsory insurance premiums for the benefit of this institution, in accordance with the provisions of the compulsory insurance law (Legislative Decree No. 105 / 1977) and in compliance with it after its suspension in accordance with the aforementioned implementing decree.
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