Health Insurance
(Consequential Amendments) (Jersey) Order 2008
Made 21st January 2008
Coming into force 28th
January 2008
THE MINISTER FOR SOCIAL SECURITY, in pursuance of Articles 10, 17, 26, 28,
and 36 of the Health Insurance (Jersey) Law 1967[1], orders as follows –
1 Health Insurance (Medical Benefit) (General Provisions) (Jersey)
Order 1967 amended
In the Health Insurance (Medical Benefit) (General Provisions)
(Jersey) Order 1967[2] –
(a) in
Article 1 in the definition “Identity Card”, for the
expression “1967” there shall be substituted the expression
“2007”;
(b) in
each place where they occur in Articles 3, 4, 12(1) for the words “any of
his or her dependants” there shall be substituted the words “any
child of his or her household”;
(c) in
Article 3(c) for the words “any of the insured person’s
dependants” there shall be substituted the words “any child of his
or her household”;
(d) in
Article 5 –
(i) for
paragraph (1) there shall be substituted the following
paragraph –
“(1) Every account in respect of
the fees charged for the provision of medical services by an approved medical
practitioner to an insured person or any child of his or her household shall be
in the form set out in Part 1 or 2 of Schedule 2, whichever is
appropriate.”;
(ii) paragraph
(3) shall be deleted;
(e) for
Articles 6 and 7 there shall be substituted the following Article –
(1) When an insured person pays an account in
the form specified in Part 1 of Schedule 2, he or she shall deliver
both copies of the account to the approved medical practitioner to whom payment
is made and that practitioner shall –
(a) receipt the copies of the account delivered
to him or her; and
(b) not later than 2 days after the date on
which payment was made, return the copies to the insured person.
(2) But where an approved medical practitioner
has failed to return the copies within such period, he or she shall be treated
as having done so if he or she proves to the satisfaction of the Minister that
there was good cause for such failure.
(3) When an insured person pays an account in
the form specified in Part 2 of Schedule 2, he or she shall deliver
such number of copies of the account as may be required to the approved medical
practitioner to whom payment is being made.
(4) That medical practitioner shall deliver a
copy of the account to the Social Security Department in accordance with
Article 8 and –
(a) such delivery shall be treated as a claim
for medical benefit; and
(b) the Minister shall, though the intermediary
of the medical practitioner, pay to the insured person the medical benefit to
which he or she is entitled in respect of the medical services to which the
account relates.”;
(f) in
Article 9 for the words “Article 6 or 8” there shall be
substituted the words “Article 7 or 8”;
(g) Article
12 shall be deleted;
(h) for
Article 17 there shall be substituted the following Article –
(1) In the case of any person to whom
medical benefit is payable or who is alleged to be entitled to benefit or by
whom or on whose behalf a claim for medical benefit has been made, if that
person is unable to act and –
(a) has not been received into guardianship in
pursuance of a guardianship application under Article 14 of the Mental
Health (Jersey) Law 1969;
(b) does not have a curator appointed under
Article 43 of that Law to manage and administer his or her property and
affairs; and
(c) does not have a tuteur,
the Minister may, on receipt
of a written application, appoint a person to act on the person’s behalf.
(2) However, such appointment shall
terminate –
(a) if the person is received into guardianship,
or has a curator or tuteur appointed;
(b) at the request of the person seeking
appointment;
(c) if revoked by the Minister; or
(d) if the claimant becomes able to act.”;
(i) in
Article 18(2) for the words “to or amongst persons claiming as the
personal representatives, legatees, heirs or creditors” there shall be
substituted the words “to the executor or administrator, or to or amongst
persons claiming as the legatees, heirs or creditors”;
(j) for
Schedule 2 there shall be substituted the Schedule set out in the Schedule
to this Order.
2 Health
Insurance (Pharmaceutical Benefit) (General Provisions) (No. 2) (Jersey)
Order 2002 amended
In the Health Insurance (Pharmaceutical Benefit) (General
Provisions) (No. 2) (Jersey) Order 2002[3] –
(a) in
Article 1(1), in the definition “Health Card”, for the
expression “1967” there shall be substituted the expression
“2007”;
(b) in
Article 7 –
(i) in
paragraph (5) for the words “paragraphs (6) and (7)” there
shall be substituted the words “paragraph (6)”;
(ii) paragraphs
(7) and (8) shall be deleted.
3 Revocation
of Health Insurance (Persons over Compulsory Insurance Age) (Jersey) Order 1967
The Health Insurance (Persons over Compulsory Insurance Age)
(Jersey) Order 1967[4] is revoked.
4 Citation
and commencement
This Order may be cited as the Health Insurance (Consequential
Amendments) (Jersey) Order 2008 and shall come into force on 28th January 2008.
senator p.f. routier
Minister for Social Security