Health Insurance (Amendment) Act 2012
Acts of the Oireachtas
Source: Acts of the Oireachtas

num: 1
paragraphs: — In this Act “Principal Act” means the Health Insurance Act 1994 .
num: 2
paragraphs: — Section 1A of the Principal Act is amended—
(a) by substituting the following subsection for subsection (1):
“(1) The principal objective of this Act is to ensure that, in the interests of the common good and across the health insurance market, access to health insurance cover is available to consumers of health services with no differentiation made between them (whether effected by risk equalisation credits or stamp duty measures or other measures, or any combination thereof), in particular as regards the costs of health services, based in whole or in part on the health risk status, age or sex of, or frequency of provision of health services to, any such consumers or any class of such consumers, and taking into particular account for the purposes of that objective—
(a) the fact that the health needs of consumers of health services increase as they become less healthy, including as they approach and enter old age,
(b) the desirability of ensuring, in the interests of societal and intergenerational solidarity, and regardless of the health risk status or age of, or frequency of provision of health services to, any particular generation (or part thereof), that the burden of the costs of health services be shared by insured persons by providing for a cost subsidy between the more healthy and the less healthy, including between the young and the old, and, without prejudice to the generality of that objective, in particular that the less healthy, including the old, have access to health insurance cover by means of risk equalisation credits,
(c) the manner in which the health insurance market operates in respect of health insurance contracts, both in relation to individual registered undertakings and across the market, and
(d) the importance of discouraging registered undertakings from engaging in practices, or offering health insurance contracts, whether by segmentation of the health insurance market (by whatever means) or otherwise, which have as their object or effect the favouring of the coverage by the undertakings of the health insurance risk of the more healthy, including the young, over the coverage of the health insurance risk of the less healthy, including the old.”,
and
(b) in subsection (2), by deleting “specified in subsection (1)”.
num: 3
paragraphs: — Section 2 of the Principal Act is amended—
(a) in subsection (1)—
(i) in the definition of “community rating”, by deleting “specified in section 1A(1)”,
(ii) by substituting the following definition for the definition of “net premium”:
“ ‘net premium’—
(a) in relation to a health insurance contract effected for a period other than a period commencing on or after 1 January 2013, means the premium payable under the contract in respect of an individual in any year of assessment after—
(i) the deduction made from the premium to which the individual is entitled, for that year of assessment, by virtue of section 470 of the Taxes Consolidation Act 1997 , and
(ii) the deduction (if any) made from the premium to which the individual is entitled, for that year of assessment, by virtue of section 470B of the Taxes Consolidation Act 1997 ,
(b) in relation to a health insurance contract effected for a period commencing on or after 1 January 2013, means the premium payable under the contract in respect of an individual in any year of assessment after—
(i) the deduction made from the premium to which the individual is entitled, for that year of assessment, by virtue of section 470 of the Taxes Consolidation Act 1997 , and
(ii) taking into account the part (if any) of the premium which the individual is entitled not to have collected from the policy holder concerned, for that year of assessment, by virtue of section 11C(1);”,
(iii) by deleting the definitions of “risk equalisation” and “scheme”, and
(iv) by inserting the following definitions:
“ ‘authorised officer’ means a person appointed under section 18E to be an authorised officer;
‘frequency of provision of health services’ includes history of health insurance claims;
‘health risk status’, in relation to any person (howsoever described), includes—
(a) the present use of, or likely future use of, hospital services by the person,
(b) the sexual orientation of the person, and
(c) the suffering or prospective suffering of the person from a chronic illness or other medical condition or from an illness or medical condition of a particular kind;
‘principal objective’ means the principal objective specified in section 1A(1);
‘risk equalisation credits’ has the meaning assigned to it by section 6A(1);
‘Risk Equalisation Scheme’ shall be construed in accordance with section 11A;”,
and
(b) by adding the following subsection after subsection (2):
“(3) In this Act a reference to—
(a) a disease includes a reference to an illness, and
(b) an illness includes a reference to a disease.”.
num: 4
paragraphs: — Section 3 of the Principal Act is amended—
(a) in subsection (2), by inserting “(or, in the case of regulations under section 11E, the Authority)” after “the Minister”,
(b) in subsection (3), by deleting “(other than a regulation referred to in subsection (4))”, and
(c) by deleting subsection (4).
num: 5
paragraphs: — (1) The Principal Act is amended by substituting the following section for section 4:
“Offences.
num: 4
paragraphs: — (1) A person who contravenes a provision of this Act shall be guilty of an offence and shall be liable—
(a) on summary conviction, to a class A fine or imprisonment for a term not exceeding 12 months or both, or
(b) on conviction on indictment, to a fine or imprisonment for a term not exceeding 5 years or both.
(2) A person who contravenes a provision of a regulation under this Act stated to be a penal regulation shall be guilty of an offence and shall be liable on summary conviction to a class A fine or imprisonment for a term not exceeding 12 months or both.
(3) A person who, after conviction for an offence under subsection (1) or (2), continues to contravene the provision concerned, shall be guilty of an offence on each day on which the contravention continues and for each such offence shall be liable—
(a) on summary conviction, to a class E fine, or
(b) on conviction on indictment, to a fine not exceeding €50,000.
(4) Where an offence under this Act is committed by a body corporate and it is proved that the offence was committed with the consent or connivance, or was attributable to any wilful neglect, of a person who was a director, manager, secretary or other officer of the body corporate, or a person purporting to act in that capacity, that person, as well as the body corporate, shall be guilty of an offence and may be proceeded against and punished as if he or she were guilty of the first-mentioned offence.
(5) Where the affairs of a body corporate are managed by its members, subsection (4) applies in relation to the acts and defaults of a member in connection with his or her functions of management as if he or she were a director or manager of the body corporate.
(6) The Authority may bring and prosecute summary proceedings for an offence under this Act.
(7) Notwithstanding section 10 (4) of the Petty Sessions (Ireland) Act 1851 , summary proceedings for an offence under this Act to which that provision applies may be instituted—
(a) within 12 months from the date on which the offence was committed, or
(b) within 6 months from the date on which evidence sufficient, in the opinion of the person instituting the proceedings, to justify proceedings comes to that person’s knowledge,
whichever is the later, provided that no such proceedings shall be commenced later than 2 years from the date on which the offence concerned was committed.
(8) For the purposes of subsection (7)(b), a certificate signed by or on behalf of the person initiating the proceedings as to the date on which evidence referred to in that subsection came to his or her knowledge shall be evidence of that date and, in any legal proceedings, a document purporting to be a certificate under this subsection and to be so signed shall be deemed to be so signed and admitted as evidence without proof of the signature of the person purporting to sign the certificate, unless the contrary is shown.
(9) On convicting a person of an offence under this Act, the court shall unless satisfied that there are special and substantial reasons for not so doing, order the person to pay to the Authority the costs and expenses, measured by the court, incurred by the Authority in relation to the investigation, detection and prosecution of the offence.”.
(2) Subsection (1), in so far as it relates to the amendment of the Principal Act, shall come into operation 30 days after the passing of this Act.
num: 6
paragraphs: — The Principal Act is amended by substituting the following section for section 6A:
num: 7
paragraphs: — Section 7 of the Principal Act is amended—
(a) in subsection (1)(a)—
(i) in subparagraph (i)(I), by substituting “60” for “31”, and
(ii) in subparagraph (ii)(II), by deleting “specified in section 1A(1)”,
and
(b) in subsection (3), by substituting the following paragraph for paragraphs (a) and (b):
“(a) the health risk status, age or sex of, or frequency of provision of health services to, a person, or”.
num: 8
paragraphs: — Section 7A of the Principal Act is amended, in subsection (4), by substituting the following paragraph for paragraph (b):
“(b) the insured person has previously effected or been named in a health insurance contract with arestricted membership undertaking.”.
num: 9
paragraphs: — The Principal Act is amended by substituting the following section for section 7AB:
“7AB.— (1) A registered undertaking shall not offer in the State a new type of health insurance contract (and regardless of whether the contract is already offered outside the State by the undertaking or any other person) unless it has submitted a sample of the contract to the Authority not later than 30 days before first making such offer.
(2) Subject to subsection (3), a registered undertaking shall not change in any material particular the benefits payable under a type of health insurance contract that it offers in the State unless it has submitted a sample of the contract as so changed (in this Act referred to as a ‘changed existing contract’) to the Authority not later than 30 days before first making such change.
(3) (a) A registered undertaking shall not in any calendar year change the benefits payable under a type of relevant contract (non-advanced cover) that it offers in the State such that it becomes a type of relevant contract (advanced cover) except—
(i) in the case of the calendar year 2013, with effect from 31 March 2013, and
(ii) in the case of any subsequent calendar year, with effect from 1 January of that subsequent calendar year.
(b) A registered undertaking shall not in any calendar year change the benefits payable under a type of relevant contract (advanced cover) that it offers in the State such that it becomes a type of relevant contract (non-advanced cover) except—
(i) in the case of the calendar year 2013, with effect from 31 March 2013, and
(ii) in the case of any subsequent calendar year,with effect from 1 January of that subsequent calendar year.
(4) Without prejudice to section 7(1)(a), a registered undertaking may vary the premium payable for effecting a type of health insurance contract if it gives notice in writing of the variation to the Authority not less than 30 days before the variation takes effect.
(5) Notwithstanding subsection (1), a registered undertaking which has made an offer in the State to effect a health insurance contract of a particular type and which has maintained the offer for not less than the 60 consecutive days required by section 7(1)(a)(i)(I) may cease to make that offer in the State if it gives notice in writing of the cesser to the Authority not less than 30 days before the cesser takes effect.
(6) Without prejudice to the operation of subsection (5), the notice in writing required to be given to the Authority under that subsection by a registered undertaking in respect of a cesser referred to in that subsection may be given before the expiration of the 60 consecutive days referred to in that subsection.
(7) Nothing in subsections (2) to (6) shall be construed to prejudice a health insurance contract of the type referred to in subsection (5) effected before the cesser referred to in subsection (5) takes effect and, accordingly, the contract continues in being in accordance with the terms and conditions on which it was effected.”.
num: 10
paragraphs: — Section 7AC of the Principal Act is amended, in subsection (2), by substituting “Subject to section 11E, The Register” for “The Register”.
num: 11
paragraphs: — Section 7C of the Principal Act is amended, in subsection (5)—
(a) in paragraph (a), by substituting “Act 1997,” for “Act 1997, or”, and
(b) by inserting the following paragraph after paragraph (a):
“(aa) for the purposes of making a claim referred to in section 11C(2), or”.
num: 12
paragraphs: — Section 7D of the Principal Act is amended, in subsection (2), by substituting the following paragraph for paragraph (b):
“(b) the total number of persons insured, or a class thereof, in each age group, the gender profile of each age group, and the type of cover of each age group, in respect of the relevant period,”.
num: 13
paragraphs: — Section 7E of the Principal Act is amended—
(a) in subsection (1)—
(i) in paragraph (a), by deleting subparagraphs (i) to (v) and substituting the following:
“(i) the average insurance claim payment per insured person made by the relevant market sector during the relevant periods in respect of the total number of persons insured, or a class thereof, during the relevant periods,
(ii) the average insurance claim payment per insured person made by the relevant market sector during the relevant periods in respect of subgroups of the total number of persons insured, or a class thereof, during the relevant periods, where such subgroups include such combinations of the following groups of insured persons as the Authority determines to be relevant:
(I) those in different age groups;
(II) those of differing sex;
(III) those with differing types of cover,
(iii) the hospital bed utilisation in respect of each group and subgroup referred to in subparagraphs (i) and (ii), and
(iv) the net financial impact on each registered undertaking or former registered undertaking of the relevant financial provisions during the relevant periods, and”,
and
(ii) in paragraph (b)—
(I) by substituting the following subparagraph for subparagraph (iii):
“(iii) subject to subsection (1A), the amounts of the risk equalisation credits that the Authority considers, after having regard to such evaluation and analysis, would need to be afforded, under the Risk Equalisation Scheme, to persons insured by registered undertakings (other than restricted membership undertakings) having regard to the principal objective (in so far as the principal objective relates to relevant contracts), the aim of avoiding overcompensation being made to a registered undertaking or former registered undertaking under the operation of the relevant financial provisions (other than section 470B of the Taxes Consolidation Act 1997 ), the aim of maintaining the sustainability of the health insurance market and the aim of having fair and open competition in the health insurance market, and”,
and
(II) in subparagraph (iv)—
(A) by inserting “, after having regard to the aim of avoiding the Fund sustaining surpluses or deficits from year to year (as calculated using approved accounting standards),” after “the Authority considers”, and
(B) by deleting “Exchequer” and substituting “Fund”,
and
(b) by substituting the following subsections for subsections (1A) and (2):
“(1A) The Minister may, by notice in writing given to the Authority, require the Authority to prepare any report to be furnished to him or her pursuant to paragraph (b) of subsection (1), in so far as the report relates to subparagraph (iii) of that paragraph—
num: 14
paragraphs: — Section 7F of the Principal Act is amended—
(a) by substituting the following subsection for subsection (1):
“(1) A registered undertaking or former registered undertaking shall, in respect of each year—
(a) maintain and furnish to the Authority (before 1 April of the next succeeding year), in such form as may be specified by the Authority, a statement of profit and loss in respect of—
(i) its relevant health insurance business in the State, and
(ii) such other health insurance services, provided by the undertaking, as may be prescribed,
(b) maintain and furnish to the Authority (before 1 April of the next succeeding year), in such form as may be specified by the Authority, a balance sheet in respect of—
(i) its relevant health insurance business in the State, and
(ii) such other health insurance services, provided by the undertaking, as may be prescribed,
and
(c) furnish to the Authority (before 1 April of the next succeeding year), such other information relating to the year as may be prescribed and, without limiting the generality of the foregoing, such information may include a statement of profit and loss and a balance sheet in respect of its relevant health insurance business in the State as it relates to those persons receiving age-related tax credits, in respect of health insurance contracts effected for any period before 1 January 2013, or receiving risk equalisation credits.”,
(b) by substituting the following subsection for subsection (4):
“(4) (a) The Authority shall, as soon as may be after the expiration of 2012, determine what would constitute a reasonable profit for a registered undertaking in respect of its relevant health insurance business in the State in respect of the period from 1 January 2010 to the end of 2012.
(b) The Authority shall, as soon as may be after the expiration of 2013, determine what would constitute a reasonable profit for a registered undertaking in respect of its relevant health insurance business in the State in respect of the 3 year period from 1 January 2011 to the end of 2013.
(c) Paragraph (b) shall, with all necessary modifications, apply to each relevant 3 year period as it applies to the 3 year period referred to in that paragraph.”,
(c) in subsection (5), by substituting the following paragraph for paragraph (b):
“(b) as soon as may be, make a determination as to whether or not the cumulative net financial impact of the relevant financial provisions on a registered undertaking or former registered undertaking is positive for—
(i) if paragraph (a) of subsection (4) is applicable, the period from 1 January 2010 to the end of 2012,
(ii) if paragraph (b) of subsection (4) is applicable, the period from 1 January of 2011 to the end of 2013, or
(iii) if paragraph (c) of subsection (4) is applicable, the period from 1 January of the first year of the relevant 3 year period to the end of the last year of the relevant 3 year period,
to which the information furnished to it under subsection (1) relates and, if so, the amount by which the cumulative net financial impact is positive.”,
(d) in subsections (7)(e), (10) and (11), by substituting “the Fund” for “the Exchequer” wherever it appears, and
(e) by inserting the following after subsection (13):
“(14) In this section—
‘relevant health insurance business in the State’, in relation to a registered undertaking or former registered undertaking, means so much of the undertaking’s health insurance business as falls within paragraph (b) of subsection (1) of section 7D after taking into account subsection (5) of that section;
‘relevant 3 year period’ means—
(a) the period from 1 January 2012 to the end of 2014,
(b) the period from 1 January 2013 to the end of 2015,
(c) the period from 1 January 2014 to the end of 2016,
and so on for each succeeding 3 year period.”.
num: 15
paragraphs: — The Principal Act is amended by inserting the following sections after section 11:
“Risk Equalisation Scheme.
num: 16
paragraphs: — Section 17(4) of the Principal Act is amended by deleting “(but not including payments referred to in section 12(4)(a)(ii))”.
num: 17
paragraphs: — The Principal Act is amended by inserting the following Part after Part IIIA:
“PART IIIB
Authorised officers of Authority.
18E.— (1) The Authority may appoint in writing such and so many persons to be authorised officers for the purposes of all or any of the provisions of this Act (including any regulations made under this Act) as it thinks appropriate and such appointment may be specified to be for a fixed period.
(2) Every authorised officer appointed under this section shall be furnished with a warrant of appointment and shall, when exercising any power conferred on him or her by or under this Act, if requested by a person affected, produce the warrant of appointment or copy of it to that person.
(3) An appointment under this section as an authorised officer shall cease—
(a) if the Authority revokes the appointment,
(b) if the appointment is for a fixed period, on the expiry of that period, or
(c) if the person appointed ceases to be an employee or agent of the Authority.
Powers of authorised officers.
18F.— (1) The powers conferred by this section may be exercised in respect of any registered undertaking or former registered undertaking for the purpose of—
(a) securing the enforcement of the provisions of this Act (including regulations made under this Act), or
(b) enabling or assisting the Minister or the Authority to perform any of their respective functions under this Act.
(2) An authorised officer may do all or any of the following:
(a) subject to subsection (3), at all reasonable times enter any premises, at which there are reasonable grounds for believing that any books, records or other documents in relation to the issue of any health insurance contract, or in relation to the acceptance of any premium in respect of a health insurance contract, are kept, and search and inspect the premises and such books, records or other documents on the premises;
(b) secure for later inspection any premises or any part of a premises in which books, records or other documents are kept or there are reasonable grounds for believing that such books, records or other documents are kept;
(c) require any person to whom this section applies or any person employed by such person to produce to the authorised officer such books, records or other documents and in the case of information in a non-legible form to reproduce it in a legible form or to give to the officer such information or explanation as the officer may reasonably require in relation to any entries in such books, records or other documents;
(d) inspect and take copies of or extracts from, or remove for a reasonable period for further examination, any books, records, data (within the meaning of the Data Protection Acts 1988 and 2003) or other documents in whatever form kept (including, in the case of information in a non-legible form, a copy of or extract from such information in a permanent legible form) which the officer finds or which is produced to the officer in the course of inspection;
(e) require any person to whom this section applies or any person employed by such person to give to the authorised officer such information as the officer may reasonably require in relation to any entries in such books, records or other documents;
(f) require any person to whom this section applies to give to the authorised officer any information which the authorised officer may require in regard to the business or activity concerned or in regard to the persons carrying on such business or activity or employed in connection therewith;
(g) require any person by whom or on whose behalf data equipment is or has been used or any person having charge of, or otherwise concerned with the operation of, the data equipment or any associated apparatus or material, to afford the authorised officer reasonable assistance in relation thereto;
(h) summon, at any reasonable time, any other person employed in connection with the business or activity concerned to give to the authorised officer any information which the officer may reasonably require in regard to such business or activity and to produce to the authorised officer any books, records or other documents which are in that person’s power or control;
(i) require any person employed in the premises concerned to prepare a report on aspects of the business specified by the authorised officer or activities of a person to whom this section applies or to explain entries in any books, records, documents or other materials furnished.
(3) An authorised officer shall not, other than with the consent of the occupier, enter a private dwelling unless he or she has obtained a warrant issued by a judge of the District Court under subsection (8) authorising such entry.
(4) A person who has in his or her power, possession or procurement any books, records or other documents referred to in subsection (2) shall—
(a) produce them at the request of an authorised officer and permit the authorised officer to inspect and take copies of, or extracts from, them,
(b) at the request of an authorised officer, give any information which may be reasonably required with regard to them, and
(c) give such other assistance and information to an authorised officer as is reasonable in the circumstances.
(5) Where any person from whom production of a book, record or other document is required claims a lien thereon the production of it shall be without prejudice to the lien.
(6) The duty to produce or provide any information, document, material or explanation extends to an examiner, liquidator, receiver, official assignee or any person who is or has been an officer or employee or agent of a person to whom this section applies, or who appears to the Minister, the Authority or the authorised officer to have the information, document, material or explanation in his or her possession or under his or her control.
(7) An authorised officer, where he or she considers it necessary, may be accompanied by a member of the Garda SÃ­ochÃ¡na when performing any powers conferred on an authorised officer by this Act.
(8) If a judge of the District Court is satisfied on the sworn information of an authorised officer that there are reasonable grounds for suspecting that there is information required by an authorised officer under this section held on any premises or any part of any premises, the judge may issue a warrant authorising an authorised officer, accompanied by other authorised officers or by a member of the Garda SÃ­ochÃ¡na, at any time or times within one month from the date of issue of the warrant, on production of the warrant if so requested, to enter the premises, if need be by reasonable force, and exercise all or any of the powers conferred on an authorised officer under this section.
(9) A person shall not—
(a) obstruct or impede an authorised officer in the exercise of a power under this section,
(b) give to an authorised officer information which the person knows is false or misleading, or
(c) without reasonable excuse, fail to comply with a request or requirement made by an authorised officer under this section.
(10) (a) If any officer, employee, shareholder or agent of a person to whom this section applies refuses to produce to an authorised officer when requested to do so any book or document which it is his or her duty under this section to produce, or refuses to cooperate with an authorised officer when required to do so, or refuses to answer any question put to him or her by an authorised officer with respect to the affairs of the person to whom this section applies, the authorised officer may certify the refusal under his or her hand to the High Court.
(b) Where a refusal is certified to the High Court, the High Court may enquire into the case and, after hearing any witnesses who may be produced against or on behalf of the officer, employee, shareholder or agent of the person to whom this section applies and any statement which may be offered in defence, make any order or direction as it thinks fit.
(c) An order or direction made under paragraph (b) may include a direction to the person concerned to attend or re-attend before the authorised officer or produce particular books or documents or answer a particular question put to him or her by the authorised officer, or a direction that the person concerned need not produce a particular book or document or answer a particular question put to him or her by the authorised officer.
(11) A person shall not falsely represent himself or herself as an authorised officer.
(12) In this section—
‘agent’, in relation to a person to whom this section applies, includes past as well as present agents, and includes its bankers, accountants, solicitors, auditors and its financial and other advisers, whether or not those persons are officers or persons to whom this section applies;
‘person to whom this section applies’ means an undertaking referred to in subsection (1).
Privileged legal material.
18G.— (1) Subject to subsection (2), nothing in this Part shall compel the disclosure by any person of privileged legal material or authorise the taking of privileged legal material.
(2) The disclosure of information may be compelled, or possession of it taken, pursuant to the powers of this Part, notwithstanding that it is apprehended that the information is privileged legal material provided the compelling of its disclosure or the taking of its possession is done by means whereby the confidentiality of the information can be maintained (as against the person compelling such disclosure or taking such possession) pending the determination by the court of the issue as to whether the information is privileged legal material.
(3) Without prejudice to subsection (4), where, in the circumstances referred to in subsection (2), information has been disclosed or taken possession of pursuant to the powers in this Part, the person—
(a) to whom such information has been so disclosed, and
(b) who has taken possession of it,
shall (unless the person has, within the period subsequently mentioned in this subsection, been served with notice of an application under subsection (4) in relation to the matter concerned) apply to the court for a determination as to whether the information is privileged legal material and an application under this subsection shall be made within 7 days after the disclosure or the taking of possession.
(4) A person who, in the circumstances referred to in subsection (2), is compelled to disclose information, or from whose possession information is taken, pursuant to the powers in this Part, may apply to the court for a determination as to whether the information is privileged legal material.
(5) Pending the making of a final determination of an application under subsection (3) or (4), the court may give such interim or interlocutory directions as the court considers appropriate including, without prejudice to the generality of the foregoing, directions as to—
(a) the preservation of the information, in whole or in part, in a safe and secure place in any manner specified by the court,
(b) the appointment of a person with suitable legal qualifications possessing the level of experience, and the independence from any interest falling to be determined between the parties concerned, that the court considers to be appropriate for the purpose of—
(i) examining the information, and
(ii) preparing a report for the court with a view to assisting or facilitating the court in the making by the court of its determination as to whether the information is privileged legal material.
(6) An application under subsection (3), (4) or (5) shall be by motion and may, if the court directs, be heard otherwise than in public.
(7) In this section—
‘court’ means the High Court;
‘information’ means information contained in a document, a computer (including a personal organiser or any other electronic means of information storage or retrieval) or otherwise;
‘privileged legal material’ means information which, in the opinion of the court, a person is entitled to refuse to produce on the grounds of legal professional privilege.”.
num: 18
paragraphs: — Section 21 of the Principal Act is amended, in subsection (1)—
(a) by substituting “sections 4(6), 7AC, 7D, 7E, 7F, 7G, 14, 15, 17 and 18 and Parts IIIA and IIIB” for “sections 7AC, 7D, 7E, 7F, 7G, 12, 14, 15, 17 and 18 and Part IIIA”, and
(b) by substituting the following paragraph for paragraph (a):
“(a) to manage and administer the Risk Equalisation Scheme,”.
num: 19
paragraphs: — Section 32 of the Principal Act is amended, in subsection (1), by substituting “the Risk Equalisation Scheme” for “a scheme”.
num: 20
paragraphs: — Sections—
(a) 12,
(b) 12A, and
(c) 33A,
of the Principal Act are repealed.
num: 21
paragraphs: — The Principal Act (as amended by the Health Insurance (Miscellaneous Provisions) Act 2009 ), is amended by substituting the following Schedules for Schedule 2:
“Section 6A.
num: 22
paragraphs: — (1) This Act may be cited as the Health Insurance (Amendment) Act 2012.
(2) The Health Insurance Acts 1994 to 2011 and this Act may be cited together as the Health Insurance Acts 1994 to 2012 and shall be construed together as one.