Praxis Watch

Thursday, 3 October 2013

Still without a Solution for Consistent Implementation of the Law on Health Protection

The problem of inability to obtain health booklets for persons of Roma nationality who do not have permanent or temporary residence registered and do not fulfil the conditions for insurance on some other ground still exists.

Although the Law on Health Insurance stipulates that Roma can obtain the insurer status based on the statement that they are persons of Roma nationality and a statement on the place of temporary residence, the 2012 changes of the Regulation of the content, form and manner of submitting a unique application for mandatory social insurance, unique methodological principles and unique codex of codes for entry of data in the unique basis of the Central Register of mandatory social insurance envisage that persons of Roma nationality need to enclose the evidence on registration of permanent residence at the address of social welfare center (SWC) in addition to the statement on national belonging when applying for health insurance. The Regulation was brought relying on the solution offered by the Law on Permanent and Temporary Residence of Citizens (adopted in November 2011), which envisages the possibility of registering permanent residence at the address of a social welfare centre. However, many Roma still cannot register permanent residence at the address of a social welfare centre because of the inconsistent application of this solution in practice.

Having in mind that the Regulation is not in accordance with the Law on Health Insurance and that it subsequently changes the purpose of the Law to disadvantage of the guaranteed rights, Praxis submitted an initiative for assessing the legality and constitutionality to the Constitutional Court in May 2012. While waiting for the decision of the Constitutional Court, Praxis has been pointing at this problem to the Ministry of Health, Republic Fund for Health Insurance and the Ombudsperson, but the disputable Regulation is still applied in some branches.

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