[size=35][size=35]The Federal Court issues a ruling on the loan contract under the Health Insurance Law[/size]
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2023-05-16 | 03:56
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The court stated, in a statement received by Alsumaria News, that it "considered, in its session dated 5/14/2023, the lawsuit filed before it by the plaintiff, Iyad Jaafar Ali Akbar, against the defendant, the Speaker of the House of Representatives, in addition to his job to challenge the constitutionality of Health Insurance Law No. (22) for the year 2021, and after If the court listened to the statements of the two parties and the statements of the three persons (the Minister of Health and the Minister of Finance in addition to their positions, the Doctors’ Association, the Dentists’ Association, the Pharmacists’ Association and the Nursing Association), it issued its ruling including the rejection of the plaintiff’s case regarding the challenge to the constitutionality of the text of Item (a) of Paragraph (Third) of Article (16). ) of the law, which included all employees registering to obtain a health insurance card compulsorily, as it states (a - compulsory and includes all state employees) due to the absence of a constitutional violation, and it also ruled that the following provisions of the law are unconstitutional:
1- The text of Clauses (C) and (O) of Paragraph (First) of Article (9) of the Law, where Paragraph (First) defines the tasks of the Authority’s Board of Directors, including what is stated in Paragraphs (C) and (O), which stipulate: ( C- Determining or amending the value of the subscription allowance and the annual or monthly installment for state employees and retirees, and the controls for including family members other than those stipulated in this law (Q- Contracting internal and external loans according to the law).
2- The phrase (or foreign) mentioned in the text of Paragraph (First) of Article (15) of the law, as Paragraph (First) states: (The Commission shall seek the assistance of an Iraqi or foreign consulting office to audit and examine the financial position of the fund once a year, and the office’s report shall be submitted to the Board through the general manager of the fund.
3- The text of paragraphs (second and fourth) of Article (16), which stipulate: (Second: Registration of citizens begins immediately after the formation of the commission.) And (Fourth: Registrants are granted a health insurance card, and health services are provided to participating citizens after six months from the date of registration) .
4- The phrase (and its decision shall be final) contained in Paragraph (Third) of Article (18), which states: (Service providers may object to the decisions of the inspectors at the Board of Directors, and the Board may appoint a committee for the purpose of deciding on the application, and its decision shall be final.) 5- Item
text A) From Paragraph (Third) of Article (27) of the law, as item (a) stipulates: (a) Higher and special grades from general manager and above and their equivalent in the private sector (2.5%) Two and a half percent of the salary total monthly).
6- The text of Paragraph (First) of Article (36) of the Law, which states: (First: The latecomer shall pay all due installments from the date this law goes into effect).
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2023-05-16 | 03:56
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Alsumaria News - Localities
The Federal Supreme Court ruled today, Tuesday, that it was unconstitutional to grant the Chairman of the Board of Directors of the Health Insurance Authority the authority to contract internal and external loans stipulated in the Health Insurance Law.
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The court stated, in a statement received by Alsumaria News, that it "considered, in its session dated 5/14/2023, the lawsuit filed before it by the plaintiff, Iyad Jaafar Ali Akbar, against the defendant, the Speaker of the House of Representatives, in addition to his job to challenge the constitutionality of Health Insurance Law No. (22) for the year 2021, and after If the court listened to the statements of the two parties and the statements of the three persons (the Minister of Health and the Minister of Finance in addition to their positions, the Doctors’ Association, the Dentists’ Association, the Pharmacists’ Association and the Nursing Association), it issued its ruling including the rejection of the plaintiff’s case regarding the challenge to the constitutionality of the text of Item (a) of Paragraph (Third) of Article (16). ) of the law, which included all employees registering to obtain a health insurance card compulsorily, as it states (a - compulsory and includes all state employees) due to the absence of a constitutional violation, and it also ruled that the following provisions of the law are unconstitutional:
1- The text of Clauses (C) and (O) of Paragraph (First) of Article (9) of the Law, where Paragraph (First) defines the tasks of the Authority’s Board of Directors, including what is stated in Paragraphs (C) and (O), which stipulate: ( C- Determining or amending the value of the subscription allowance and the annual or monthly installment for state employees and retirees, and the controls for including family members other than those stipulated in this law (Q- Contracting internal and external loans according to the law).
2- The phrase (or foreign) mentioned in the text of Paragraph (First) of Article (15) of the law, as Paragraph (First) states: (The Commission shall seek the assistance of an Iraqi or foreign consulting office to audit and examine the financial position of the fund once a year, and the office’s report shall be submitted to the Board through the general manager of the fund.
3- The text of paragraphs (second and fourth) of Article (16), which stipulate: (Second: Registration of citizens begins immediately after the formation of the commission.) And (Fourth: Registrants are granted a health insurance card, and health services are provided to participating citizens after six months from the date of registration) .
4- The phrase (and its decision shall be final) contained in Paragraph (Third) of Article (18), which states: (Service providers may object to the decisions of the inspectors at the Board of Directors, and the Board may appoint a committee for the purpose of deciding on the application, and its decision shall be final.) 5- Item
text A) From Paragraph (Third) of Article (27) of the law, as item (a) stipulates: (a) Higher and special grades from general manager and above and their equivalent in the private sector (2.5%) Two and a half percent of the salary total monthly).
6- The text of Paragraph (First) of Article (36) of the Law, which states: (First: The latecomer shall pay all due installments from the date this law goes into effect).
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