National health insurance (amnesty) bill 2014

Attorney General’s Chambers

19th June 2014

TURKS AND CAICOS ISLANDS NATIONAL HEALTH INSURANCE (AMNESTY) BILL 2014 ARRANGEMENT OF CLAUSES CLAUSE

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

Attorney General’s Chambers

19th June 2014

TURKS AND CAICOS ISLANDS A PROPOSAL FOR A

BILL FOR 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; “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;

2

Attorney General’s Chambers

19th June 2014

“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 during the amnesty period; 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 all outstanding contributions in respect of that person are paid during the amnesty period.

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

(4) Where any contribution remains outstanding after 30th September 2014, the additional charges which would have been payable shall be revived and become payable as if the waiver in subsection (1) had not been granted.

3

Attorney General’s Chambers

19th June 2014

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

(2) An instalment agreement under this section shall— (a) be in writing; and (b) provide the payment terms which shall not extend beyond the amnesty period.

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.

PASSED by the House of Assembly this

Tracey Parker Clerk to the House of Assembly

day of

2014.

Robert Hall Speaker

4

Attorney General’s Chambers

19th June 2014

EXPLANATORY MEMORANDUM This Bill seeks to provide persons the opportunity to pay up all outstanding contributions payable under the National Health Insurance Ordinance which are outstanding as at 1 August 2014 and receive 100 per cent waiver on interest (additional charge).

The waiver will be extended to those persons who have paid up all outstanding contributions prior to 1 August 2014, but have not paid the interest owed.

The amnesty will run for a period of ninety days commencing 1 August 2014 and ending 31 October 2014.

Clause 1 of the Bill provides the short title and commencement.

Clause 2 of the Bill defines certain words used in the Bill.

Clause 4 of the Bill provides power for the National Health Insurance Board to waive any additional charges accrued upon unpaid contributions due and owing for any period prior to 1 August 2014 if all outstanding contributions are paid during the amnesty period.

Clause 5 of the Bill provides that the Board may enter into agreement with a person for the payment of outstanding contributions in full or in instalments during the amnesty period.

Clause 6 of the Bill provides that a person will not be subject to civil litigation in respect of additional charges waived under this Ordinance.

Clause 7 of the Bill provides that additional charges which are payable or become payable in consequence of proceedings before any court shall not be waived.

5