Competition in the Irish Private Health Insurance Market

power of enforcement against an insurance undertaking is to direct the
removal of that undertaking from the register of health insurers. The
final decision is then for the High Court to confirm or deny such
directed removal. This would be a draconian step for the Authority to
take. Effective regulation requires that the Authority should also have
the lesser power to direct an insurance undertaking to comply with the
legislation where certain events have occurred and where certain
conditions are satisfied.
4.56 Various possible models of sectoral regulation and enforcement are
available. What is envisaged is a limited and proportionate power of
enforcement for the Authority against a body corporate such that the
limited power would be likely to achieve effective enforcement of the
Health Insurance Acts in most situations without having to consider the
draconian power to direct the removal of a health insurance
undertaking from the register of undertakings.
Recommendation 5
The Minister for Health and Children should bring
forward legislation to amend the Health Insurance
Acts to provide that the Health Insurance Authority
has the power to direct that a health insurance
undertaking alter its practices or its products to
comply with the provisions of the Acts or regulations
thereunder.
Action By
Minister for
Health and
Children
Promoting Consumer Interests
4.57 The Authority provides information to consumers in relation to
consumer rights and in relation to products available in the market.
This Report recommends that the Authority widen its work in this area.
However, the Health Insurance Acts do not include an explicit function
for the Authority in relation to the provision of this type of information
to consumers and in the past one insurer has complained to the
Authority on this basis. At the time, the Authority sought legal advice
and was informed that it was operating within its functions in making
the information available to members of the public. Given the
Minister’s request that the Authority carry out work in relation to the
provision of information to consumers, in view of the benefit that such
information has for consumers and for competition and in view of the
analysis and recommendations in this Report concerning the provision
of information, the Authority recommends as follows.
Recommendation 6
The Minister for Health and Children should bring
forward legislation to amend the Health Insurance
Acts to assign to the Health Insurance Authority the
function of taking such action as it considers
appropriate to increase awareness among members of
the public of their rights as health insurance
consumers and of available health services.
Action By
Minister for
Health and
Children
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