S.I. No. 693/2024 - Health Insurance Act 1994 (Section 11E(2)) (Amendment) Regulations 2024

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 13th December, 2024.

The Health Insurance Authority pursuant to section 11E(2) of the Health Insurance Act 1994 (No. 16 of 1994) (inserted by section 15 of the Health Insurance (Amendment) Act 2012 ) (No. 45 of 2012) and section 8 of the Health Insurance (Amendment) Act 2013 (No 48 of 2013)), hereby makes the following Regulations:

Citation and commencement

1. (1) These Regulations may be cited as the Health Insurance Act 1994 (Section 11E(2)) (Amendment) Regulations 2024.

(2) These Regulations shall come into operation on 1^st day of January, 2025.

Interpretation

2. (1) In these Regulations, unless the context otherwise requires—

“Act of 1994” means the Health Insurance Act 1994 (No. 16 of 1994) ;

“advanced cover” has the same meaning as that provided for in section 11E(4) of the Act of 1994;

“Authority” means The Health Insurance Authority; and

“relevant contract” has the meaning assigned to it by section 125A of the Stamp Duties Consolidation Act 1999 .

(2) A word or expression that is used in these Regulations and is also used in the Act of 1994 shall have in these Regulations the same meaning as it has in that Act unless the contrary intention appears.

(3) A reference in these Regulations—

(a) to any other enactment shall, unless the context otherwise requires, be construed as a reference to that enactment as amended or extended by any other enactment,

(b) a reference to a Regulation is a reference to a Regulation of these Regulations unless it is indicated that a reference to some other provision is intended, and

(c) a reference to a Schedule is a reference to a Schedule to these Regulations unless it is indicated that a reference to some other provision is intended.

Amendment of Schedule to the Health Insurance Act 1994 (Section 11E(2)) (No. 2) Regulations 2013

3. The Schedule attached to the Health Insurance Act 1994 (Section 11E(2)) (No. 2) Regulations 2013 ( S.I. No. 203 of 2013 ) is amended by the deletion of “338” in column (1), “Aviva Health Insurance Ireland Limited” in column (2) and “Value Focus” in column (3) of the Schedule.

Amendment of Schedule to the Health Insurance Act 1994 (Section 11E(2)) (No. 5) Regulations 2014

4. The Schedule attached to the Health Insurance Act 1994 (Section 11E(2)) (No. 5) Regulations 2014 ( S.I. No. 621 of 2014 ) is amended by the deletion of —

(a) “496” in column (1), “Aviva Health Insurance Ireland Ltd.” in column (2) and “Essential Assist” in column (3) of the Schedule;

(b) “497” in column (1), “Aviva Health Insurance Ireland Ltd.” in column (2) and “Future Protect” in column (3) of the Schedule;

(c) “498” in column (1), “Aviva Health Insurance Ireland Ltd.” in column (2) and “Future Protect Plus” in column (3) of the Schedule;

(d) “499” in column (1), “Aviva Health Insurance Ireland Ltd.” in column (2) and “Future Protect Choice” in column (3) of the Schedule; and

(e) “502” in column (1), “Aviva Health Insurance Ireland Ltd.” in column (2) and “Aviva Select with emergency access pack” in column (3) of the Schedule;

Amendment of Schedule to the Health Insurance Act 1994 (Section 11E(2)) Regulations 2020

5. The Schedule attached to the Health Insurance Act 1994 (Section 11E(2)) Regulations 2020 ( S.I. No. 378 of 2020 ) is amended by the deletion of “554” in column (1), “Irish Life Health DAC” in column (2) and “Student Health Guard” in column (3) of the Schedule.

Revocation of Regulations

6. (1) The following Regulations are hereby revoked—

(a) The Health Insurance Act 1994 (Section11E(2)) (No. 3) Regulations 2013 ( S.I. No. 568 of 2013 );

(b) The Health Insurance Act 1994 (Section 11E(2)) (No. 4) Regulations 2014 ( S.I. No. 496 of 2014 ); and

(c) The Health Insurance Act 1994 (Section 11E(2)) Regulations 2016 ( S.I. No. 120 of 2016 ).

7. (1) The following Regulations are hereby revoked—

(a) The Health Insurance Act 1994 (Section 11E(2)) Regulations 2020 ( S.I. No. 538 of 2020 ); and

(b) Health Insurance Act 1994 (Section 11E(2)) Regulations 2021 ( S.I. No. 696 of 2021 ).

(2) Notwithstanding the revocation of the Regulations provided for in paragraph (1) of this Regulation, those Regulations shall continue to apply to any “relevant contract”, insofar as there may be any “relevant contract” subject to the provisions of subsection (2), (2A), (3) and where applicable, subsection (4), of section 11C, that may in accordance with the Regulations under section 11F, entitle a health insurance undertaking to make a claim to the Authority to be paid an amount equal to its risk equalisation credits for the period to which a claim, under subsection (2A) of section 11C may relate.

GIVEN under the Seal of The Health Insurance Authority,

10 December 2024.

PATRICIA BYRON,

Chairperson/ Member.

SÍLE HANLEY

Authorised Officer.

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

These Regulations are made by The Health Insurance Authority pursuant to Section 11E(2) of the Health Insurance Act 1994 , as inserted by section 15 of the Health Insurance (Amendment) Act 2012 and Section 8 of the Health Insurance (Amendment) Act 2013 . These Regulations amend, by deletion, relevant contracts specified as deleted under this enactment in the Schedules to the Health Insurance Act 1994 (Section 11E(2)) (No. 2) Regulations 2013 ( S.I. No. 203 of 2013 ), the Health Insurance Act 1994 (Section 11E(2)) (No. 5) Regulations 2014 ( S.I. No. 621 of 2014 ) and, the Health Insurance Act 1994 (Section 11E(2)) Regulations 2020 ( S.I. No. 378 of 2020 ).

These Regulations revoke the Health Insurance Act 1994 (Section 11E(2)) (No. 4) Regulations 2014 ( S.I. No. 496 of 2014 ), Health Insurance Act 1994 (Section11E(2)) (No. 3) Regulations 2013 ( S.I. No. 568 of 2013 ) Health Insurance Act 1994 (Section 11E(2)) Regulations 2020 ( S.I. No. 538 of 2020 ) and Health Insurance Act 1994 (Section 11E(2)) Regulations 2021 ( S.I. No. 696 of 2021 ).