16 of 2014 national health insurance (amnesty) ordinance 2014

TURKS AND CAICOS ISLANDS NATIONAL HEALTH INSURANCE (AMNESTY) ORDINANCE 2014 (Ordinance 16 of 2014)

ARRANGEMENT OF SECTIONS SECTION

1.

2.

3.

4.

5.

6.

7.

Short title, commencement and duration Interpretation Declaration of amnesty Waiver of additional charge Payment conditions Protection from action for additional charge waived Non-eligibility for waiver

1

TURKS AND CAICOS ISLANDS NATIONAL HEALTH INSURANCE (AMNESTY) ORDINANCE 2014 (Ordinance 16 of 2014) Assent…………………………………………….22nd July 2014 Publication in Gazette………………………….22nd July 2014 Commencement………………………………1st August 2014 AN ORDINANCE TO PROVIDE FOR AN AMNESTY PERIOD OF THREE MONTHS TO FACILITATE THE PAYMENT OF OUTSTANDING CONTRIBUTIONS UNDER THE NATIONAL HEALTH INSURANCE ORDINANCE; AND FOR A WAIVER OF ADDITIONAL CHARGES DUE IN RESPECT OF LATE PAYMENT OF CONTRIBUTIONS; AND FOR CONNECTED PURPOSES.

ENACTED by the Legislature of the Turks and Caicos Islands.

Short title, commencement and duration 1. (1) This Ordinance may be cited as the National Health Insurance (Amnesty) Ordinance 2014 and comes into operation on 1 August 2014.

(2) This Ordinance shall lapse upon the expiry of the amnesty period.

Interpretation 2. In this Ordinance— “additional charge” means the additional charges required to be paid under section 37 of the National Health Insurance Ordinance if contributions are not paid within the prescribed time;

2

“amnesty” means the relief set out in section 4; “amnesty period” means the period from 1 August 2014 until 31 October 2014; “Board” means the National Health Insurance Board established under section 12 of the National Health Insurance Ordinance; “contribution” means contribution payable under the National Health Insurance Ordinance; “Plan” means the National Health Insurance Plan established under section 3 of the National Health Insurance Ordinance.

Declaration of amnesty 3. Subject to the provisions of this Ordinance, to facilitate the collection of outstanding contributions owed under the National Health Insurance Ordinance, an amnesty is hereby declared whereby, for the duration of the amnesty period, a person who pays all outstanding contributions in accordance with section 4 shall be entitled to the relief specified in that section.

Waiver of additional charge 4. (1) Notwithstanding any law to the contrary, the Board shall waive any additional charges due and payable under section 37 of the National Health Insurance Ordinance— (a) in respect of contributions outstanding as at 1 August 2014, where the contributions are paid in full in accordance with any agreement entered into under section 5; or (b) if a person provides satisfactory evidence to the Board that contributions have been paid in full as at the date of commencement of this Ordinance, but additional charges are due and payable.

(2) Where the medical benefits of a person have been terminated under the Plan pursuant to regulation 12 of the National Health Insurance (Benefit) Regulations, owing to nonpayment of contributions, that medical eligibility shall be reinstated if any contribution is paid in respect of that person pursuant to an agreement entered into under section 5 and the undertaking given in the agreement continues to be met.

(3) The waiver under subsection (1) shall not affect the obligation of a person to pay contributions in accordance with section 4, 5 and 6 of the National Health Insurance Ordinance

3

and regulations 3, 4 and 11 of the National Health Insurance (Contributions) Regulations.

(4) Where any contribution remains outstanding after 31 December 2014, the additional charges which would have been payable in respect of that portion of contribution which remains outstanding shall be revived and become payable as if the waiver in subsection (1) had not been granted.

Payment conditions 5. (1) The Board may, during the amnesty period, enter into an agreement with a person for the payment of outstanding contributions in full or in instalments.

(2) An agreement under this section shall— (a) be in writing; and (b) provide the payment terms agreed to which shall not extend beyond 31 December 2014.

Protection from action for additional charge waived 6. A person in respect of whom liability for the payment of additional charges have been waived under this Ordinance shall not be subject to civil proceedings for additional charges in respect of the late payment of contributions referred to in section 4.

Non-eligibility for waiver 7. Additional charges which are payable or become payable in consequence of proceedings before any court shall not be waived. __________

4