|
|
|
|
Last Updated: Feb 13, 2017 - 1:45:37 AM |
Tina Cambridge
|
Claims Bill introduces ambiguity to Data Protection Act and sets up NHI Authority with “intrusive” functions
Nassau, Bahamas - The Bahamas Insurance Association (BIA) has labelled as “too broad” provisions in the draft National Health Insurance (NHI) Bill to amend certain parts of the Data Protection (Privacy of Personal Information) Act to expand use of private information to that information “required for the purposes of the implementation and management of national health insurance and the determining of eligibility and benefits thereunder.”
Tina Cambridge, a member of the BIA NHI Committee and former Chairperson of the BIA said, “We are concerned that this provision has the potential to open Pandora’s Box regarding the sharing of personal data, proprietary data and individuals’ sensitive personal information. It remains unclear who will be able to access the information, who will be the recipient(s), who will be transferring the data and who determines that it is required for the purpose of implementing NHI. The implementation of NHI is a massive undertaking which involves several stakeholders, entities and individuals. The proposed amendments to the Data Protection Act seem to permit several persons to access people's personal data and disclose the same without any restrictions under the guise of NHI implementation or determining eligibility and benefits”.
BIA NHI Committee member Marcus J. Bosland also called for greater clarity in the draft Bill regarding the powers of the NHI Authority itself, specifically Clause 7 (1) (d) where the NHI Authority seemingly seizes for itself functions, such as investing the monies of the NHI Fund and conducting on-site inspections, that should be coordinated in collaboration with other stakeholders. In addition, the NHI Authority has the power to compel the turnover of any information held by any stakeholder relating to the plan, says Bosland.
“Certain provisions of the draft Bill are quite intrusive and create a new body with extensive and broad powers. The Bill seeks to duplicate the functions of the Insurance Commission of The Bahamas (ICB) and waste taxpayer funds. It also appears to suggest that the NHI Authority can obtain information from any person including all beneficiaries, private citizens, residents and businesses whether they are part of the NHI programme or not. The powers provided to the NHI Authority should be curtailed and limited to information relevant to the performance of its functions under the Act. The NHI Authority should leverage the existing regulatory framework including the ICB.”
The BIA met with the NHI Secretariat on Monday, March 14, 2016 at which time the groups discussed the draft NHI Bill and preliminary observations. The BIA expects to provide its formal feedback including comments and proposed amendments or recommendations to the NHI Secretariat on or before April 15, 2016.
Felicia Antoinette Knowles
|
The Bahamas Insurance Association (BIA) says “notable” omissions in draft NHI Bill could destabilize insurance industry
Claims Bill negates insurance intermediaries and may contravene Insurance Act; does not require Actuarial review before amendments to benefits
The draft National Health Insurance (NHI) Bill confirms the suspicions of many within the insurance industry that the architects of the proposed NHI model do not provide any role for insurance intermediaries under the scheme, says Felicia Knowles, member of the Bahamas Insurance Association (BIA) NHI Committee and former President of the Bahamas Insurance Brokers Association (BIBA). “A review of the draft legislation will show that insurance intermediaries are not referenced at all in the document; in fact, the term is not even defined in the legislation,” remarked Knowles.
She added, “It is clear that the NHI designers do not contemplate a role for insurance intermediaries, including brokers, who play a major role in the insurance industry as fiduciaries. The draft NHI Bill may conflict with certain provisions of the main legislation governing the insurance industry as it relates to the solicitation of insurance business through insurance intermediaries. There has been no discussion with the BIA about any specific proposed amendments to the Insurance Act to accommodate this new regime. This position ought to be considered in the context of an NHI model that is flawed and that has the potential to destabilize the local insurance industry. Additionally, in an economy with low growth and high unemployment, it would seem imprudent to design a scheme that results in job losses within the private sector.”
Commenting on the financial aspects of the draft Bill, actuary and BIA NHI Committee member, Marcus J. Bosland, noted that the Bill should be amended to require actuarial reviews when amending benefits, either through the use of the Reserve Fund in clause 15 (2) (b) or when done through clause 20 (3). Such changes can have significant financial implications and the Government must ensure that it receives appropriate actuarial advice prior to making such decisions. Moreover, Bosland says that, unlike the Insurance Act, the term “actuary” is never defined in the Bill.
The BIA met with the NHI Secretariat on Monday, March 14, 2016 at which time the groups discussed the draft NHI Bill and preliminary observations. The BIA expects to provide its formal feedback including comments and proposed amendments or recommendations to the NHI Secretariat on or before April 15, 2016.
© Copyright 2016 by thebahamasweekly.com
Top of Page
|
|
|
|
