[size=45][size=41]Clarification from the Federal Court regarding health insurance loans[/size]
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The Federal Supreme Court, in its session dated 14/5/2023, considered the lawsuit filed before it by the plaintiff, Iyad Jaafar Ali Akbar, against the defendant, Speaker of the House of Representatives, in addition to his job, to challenge the constitutionality of Health Insurance Law No. (22) of 2021.
And after the court heard 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 Syndicate, the Dentists Syndicate, the Pharmacists Syndicate, and the Nursing Syndicate), it issued its ruling that included the rejection of the plaintiff’s case regarding the challenge to the constitutionality of the text of Clause (a) of Paragraph (Third) of Article ( 16) of the law, which included all employees registering to obtain a mandatory health insurance card, 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 in accordance with 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 the two 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. The text of Clause (A) of Paragraph (Third) of Article (27) of the law, as Clause (A) stipulates: (a) Higher and special grades from general manager and above and their equivalent in the private sector (2.5%) two and half of one cent of the total monthly salary.)
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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