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Increasing access to medicines 155<br />

2002). Those individuals not covered by insurance pay for healthcare<br />

out of their own resources (or are nominally provided such<br />

services by the state). Since these people are already poor, their<br />

ability to purchase medicines – especially expensive medicines – is<br />

likely to be very low indeed. So the lack of availability of insurance<br />

acts as a significant barrier to access to medicines and constraint on<br />

demand.<br />

One reason for the low level of insurance coverage in poor countries<br />

is the lack of adequate court systems and generally an absence<br />

of the rule of law, which makes the enforcement of legal agreements<br />

difficult, long-winded and expensive. Health insurance takes the<br />

form of a contract in which payment is made in advance of pay-out<br />

by the insuring company. In an environment where contracts are<br />

difficult to enforce, it is not surprising that many people are unwilling<br />

to risk paying into an insurance scheme. This specifically relates<br />

to a failure on the part of government to create an adequate rule of<br />

law and supporting institutions.<br />

Another reason for low levels of insurance coverage in poor<br />

countries relates to the level of regulation placed upon private<br />

health insurers. For example, insurance companies may be required<br />

to offer certain kinds of insurance, regardless of whether or not consumers<br />

want the coverage. This is the case in South Africa, where<br />

the government has banned insurers from excluding high risk applicants,<br />

and compelled them to include cover that is not necessarily<br />

appropriate. The South African government is also working towards<br />

establishing a system that will require well-run funds to transfer<br />

their surpluses to badly-run funds. This latter intervention will limit<br />

the ability of actuaries to balance contributions against risk. Such<br />

regulations increase the costs associated with offering insurance,<br />

which increases the price at which it is offered. As a result, relatively<br />

fewer people are able to afford insurance. Paradoxically, regulations<br />

intended to protect consumers ultimately harm them (Soderlund &<br />

Hansl, 2000).<br />

Governments also stifle the development of properly functioning<br />

insurance markets in less obvious ways. Weak governance

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