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Seanad Éireann debate -
Thursday, 22 Feb 1996

Vol. 146 No. 9

Voluntary Health Insurance (Amendment) Bill, 1995: Second Stage.

Question proposed: "That the Bill be now read a Second Time."

Limerick East): The implementation of the Voluntary Health Insurance (Amendment) Bill, 1995, is intended to legislatively better equip the VHI for competition arising from the completion of the EU's Internal Market in non-life insurance, which includes private health insurance.

The EU's Third Non-Life Insurance Directive has provided the impetus for change in the way such insurance business is conducted in the EU as a whole. Relative to other member states, the potential change in Ireland may be regarded as even more significant because our private health insurance market has developed without the presence of competition. The directive has taken a very simple and effective path to the creation of the Single Market by providing that an undertaking authorised in one member state can, on the basis of that one authorisation, sell insurance in any other member state either on an establishment basis or by way of freedom to provide services. The directive provides necessary safeguards, with regard to prudential and other matters, to ensure proper supervision of the business in the interests of policyholders.

Most importantly in Ireland's case, the directive allowed for the adoption and maintenance by member states, in certain circumstances and to protect the general good, of specific legal provisions in so far as these do not unduly restrict the right of establishment or the freedom to provide services by authorised undertakings. The Health Insurance Act, 1994, was enacted to implement the directive here as regards the private health insurance aspect of non-life insurance. This Act sets down the regulatory framework within which the private health insurance business will operate and develop. It gave the force of law to the principles which have characterised our system and served our people so well over the years.

The Act provides that an undertaking pursuing health insurance business here must provide cover on a community rated basis and must adhere to the principles of open enrolment and lifetime cover. The Act, therefore, ensured that the Irish public will continue to benefit from the strengths inherent in our system which have been applied with great effect for the common good over almost 40 years. These guiding principles have kept private health insurance within the reach of the ordinary person and particularly those who would be vulnerable to being priced out of a high risk system.

Such a system is the opposite to community rating as under it premium levels are determined by reference to the individual risk being undertaken and considerations such as sex, age and health status are determining factors. Risk rating does not favour the elderly and chronically ill. I am fully committed to preserving our equitable and effective system of community rating in the interests of all our people.

I consider the entry of competition into the private health insurance market here to be both desirable and necessary. I am anxious to see this occur as I believe it will invigorate and develop the business of health insurance particularly in terms of marketing, design and choice of products. It will provide the dynamic for improvement and the continued achievement of high standards in the provision of services to the public. It should be borne in mind, however, that the opening of the market will not necessarily lead to lower premiums as there is a problem in markets generally with increasing medical costs being faced by Governments and insurance companies. At least initially, the most strenuous competition between undertakings may be in relation to services and products rather than prices.

There are companies which are interested in entering the Irish market. Understandably, before deciding on the matter, these are awaiting completion of the health insurance regulatory framework in the form of regulations under the Health Insurance Act. I expect to be in a position to sign these extensive regulations very soon. The implementation of the provisions of this Bill will mean that the VHI, with its specific knowledge and long experience of the Irish market, should be better placed to meet the challenge of competition.

The Voluntary Health Insurance Board was established and currently operates under the Voluntary Health Insurance Act, 1957. While the VHI's business has progressed along with the social and economic context within which it has traded over the almost 40 years since its establishment, no parallel or complementary progression has been effected in terms of the legislation under which it operates. The 1957 Act has seen the VHI develop in a way that reflected the highly sheltered nature of its market. Nevertheless, its contribution has been one of solid service as regards fulfilling a public need for the provision of an extensive protection to its members against the cost of hospitalisation for serious injury or illness. Even when one allows for the specific market conditions prevailing in the past, it remains a great feat that the VHI's membership has increased up to the point where it covers over one-third of our population.

The VHI has done the country a valuable and enduring service in pioneering the concept of private medical insurance with such great effect among our people. While many changes and challenges have gone before, the creation of the open market and the advent of competition is perhaps the most crucial one the organisation has ever faced. In order to succeed in the new environment, the VHI will have to develop and vigorously maintain those characteristics which define a successful commercial undertaking, such as a strong marketing focus, dynamic product development and adaptability to change.

Anyone who keeps in touch with developments, internationally, in the health insurance area will appreciate the great extent and pace of change it is undergoing as companies vie to increase or protect market share. The VHI must shift radically from an organisation which was developed in a highly stable environment to one of leadership in a highly competitive market. The Bill now before the House for consideration represents a key move towards modernising the VHI. It will strengthen the position of the VHI in a number of major respects, which I will refer to again in this opening statement.

By reference to the principles underlying the Bill, it is worthwhile to briefly consider the origins of the VHI and its development to date. Its establishment was recommended by the advisory body on the voluntary health insurance scheme which reported to the Minister for Health in 1956. The key objective set for it was to provide insurance against the cost of major and unforeseeable medical costs in circumstances where a large percentage of the population was not eligible for public health services.

The VHI was established under the umbrella of the State as a not-for-profit body because at the time the private sector appeared unwilling or unable to operate a scheme of voluntary health insurance. The 1957 Act provided that anyone willing to engage in the business of making available private health insurance in the State had to obtain a licence from the Minister for Health and the operation of this provision over the years saw the VHI develop as the provider of private health insurance to the general public. The growth of the VHI has been such that its membership now comprises 1.3 million people, or 35 per cent of the country's population.

The VHI is among the largest insurance operations in the Irish market. The change in the scale of its business can be readily appreciated when one considers that in 1980 it had a subscription income of £25.2 million and claims of £19.6 million and that the corresponding figures for 1995 were £232.6 million and £233.1 million. Both in terms of cost and complexity, the business of making available schemes of voluntary health insurance has moved a long way forward since the time 40 years ago when the advisory body recommended establishment of the VHI.

In the 1980s the VHI experienced considerable cost pressures due to factors such as high outpatient claims, rapidly rising in-patient hospital charges, increased claims payments due to steeply rising volumes, major new facilities coming on stream and declining investment income. The culmination of this very difficult financial period was the incurring of operating deficits of between £11 million and £12 million in 1988-89. These posed such a threat to the very existence of the organisation that the implementation of a tough programme of financial recovery became necessary. This was successful in arresting the adverse trend in the organisation's finances but gave rise to the reduction of benefits available to members and increases in premiums, in addition to other cost containing measures.

Although the VHI is not in so precarious a financial position as it was at the end of the 1980s, it must strive towards significant improvement, especially regarding its reserves. While the board recorded a small operational surplus in its accounts for the year ended February 1995, the continuing underlying trading position gives cause for some concern. Along with health insures generally, cost containment is a perennial problem for the VHI.

Excluding high out-patient claims, which were controlled by reducing benefits in that area, the factors previously mentioned which drive cost increases are still very much in evidence. In addition to this, members of the VHI have a heightened expectation of ready access to sophisticated health care services and facilities. There is also an unfavourable demographic trend as regards the ageing profile of VHI members, which generates greater demands for health services and consequently leads to greater outgoings.

There is a wider picture relating to the development of our health services within which the contribution of the VHI over many years may be regarded. It has played a very significant role in the development of our health services through its schemes of voluntary health insurance. These have served to help maintain the public/private mix which has been fundamental to the growth in health service provision. Ireland has benefited from an overall system which has provided a vigorous private sector. An environment has been developed whereby consultants provide service on the public hospital site not only for their own private patients but also for public patients. Both the public and the private sector benefits from the mix, allowing for greater co-operation and collaboration in the provision of the best possible service to patients.

The considerable degree of interdependence which exists between those involved in the delivery of health services represents fertile ground on which to improve relationships and develop consensus. The strategy document on effective healthcare in the 1990s recognised the potential which exists to foster understanding between the healthcare sectors through the exchange of information, the co-ordination of approaches and the maintenance of uniform standards.

The healthcare consultative forum was identified as the vehicle through which better communication and a sharing of understanding could be pursued as the basis for practical co-operation. I will be making arrangements soon to establish the forum as I believe it holds the potential to positively influence the approaches to the future delivery of our health services. I am anxious that all means be explored to stimulate constructive discussion directed at achieving the prize of a shared vision of the future shape of our healthcare services for the good of all of our people. The VHI has a significant contribution to make to this process.

Globally, health insurance is an evolving business where a ready capacity to adapt to change and to seize opportunities is a prerequisite to success and survival. In this context, and especially by reference to our membership of a wider European economic community, it was always in prospect that the VHI was going to face a period of significant change. In 1994 the then Minister for Health, Deputy Brendan Howlin, established the VHI review group to report to him on the strategic and operational capacity of the VHI in the context of the Single Market. The group considered that there was a need for radical change in the VHI's business culture and approach.

The review group viewed the appointment of a chief executive, who could provide leadership and who would be allowed the freedom to transform the organisation and its business culture to one of innovation, imagination and customer responsiveness, as central to effecting vital change within the organisation. It laid emphasis on the fact that it regarded the appointment of a chief executive with the requisite experience and qualities as pivotal to the entire thrust of what it considered should be done to move the VHI forward in terms of the new market environment facing it.

Mr. Brian Duncan, formerly of Irish Life plc, was appointed chief executive of the VHI in February of last year. There has also been wider managerial change in the VHI with the restructuring of its top level management through the recent filling of four new director posts — sales and marketing, operations, finance and business development. These practical steps demonstrate the drive which is underway to heighten the business orientation of the VHI in a changed trading environment.

It was also the view of the review group that the board of the VHI be enlarged in order that it would comprise skills and experience commensurate with those of a modern major commercial insurance undertaking. Provision to enable this to be done is being made in the Bill. I am not, however, at this stage addressing in the Bill the review group's recommendation about changing the corporate status of the VHI to that of a limited company with a 100 per cent State shareholding. At a later point in this statement, I will inform the House of my position regarding this matter and my reasons for not embarking on a conversion of corporate status at this particular time.

Undoubtedly, both in terms of its size of membership and annual financial outlay, the VHI is a major stakeholder in our health care system. The schemes of voluntary health insurance it has operated over the years have served to support the essential balance between public and private medicine which is at the very core of access to and quality of health care in our closely integrated system. Therefore, it is not unusual that the Minister has maintained a broad practical interest in the strategies and policies devised by the VHI. On top of this the Minister is the 100 per cent shareholder. This relationship carries with it a duty to be satisfied as to the financial wellbeing of the VHI and that it is publicly accountable in the performance of its statutory functions. Consequently, the Minister is involved in such matters as determining membership of the board and ensuring that the business of the VHI is being properly handled, including premium or product changes. The Minister is not involved in operational matters or the board's day-to-day management and commercial decisions. The Minister's relationship with the VHI is very much concerned with the broad thrust of its proposals. It is not my intention that there should be any greater degree of involvement by my Department in the affairs of the VHI than heretofore. One can anticipate that in the not too distant future the influence and impact of the competitive market will be the important consideration in how the VHI conducts its affairs.

Considering the context I have outlined regarding health insurance, it is vital that the VHI becomes a more market driven organisation capable of managing change and adopting to new challenges, including competition. It must also be legislatively equipped to take prudent measures to ensure the most cost effective delivery of its schemes and to control its claims experience. It needs to have a board which can, with a greater range of expertise, more fully act on behalf of subscribers.

The Bill will support the VHI's efforts to more effectively manage costs. It is imperative to the retention of the system of mixed public and private healthcare that private health insurance features strongly in how services are funded. Rising claims costs mean higher premiums, which in turn can force down the numbers able to afford cover. Such an experience would be damaging, if not fatal, to a community rated system which relies on broadly based participation. The Australian community rated health insurance system suffered such an adverse experience which diminished the numbers of lives insured. It also gave rise to a re-examination of the mechanisms designed to support the system of community rating. The regulatory framework being implemented in this country has taken account of the Australian experience.

I move now to the main provisions of the Bill. Section 2 deals with arrangements for providers. This replaces section 4 in the 1957 Act but retains the provision that defines the VHI as a "not for profit" body which has served the Irish people so well.

The new section addresses a significant omission from the provisions of the 1957 Act by giving the board explicit powers in relation to making arrangements with health service providers who make available treatment and care to its members. The 1957 Act was silent on this important aspect of the board's operations. Accordingly, it is proposed to bridge a gap which has existed in its legal capacity as regards arrangements with service providers and to set down clearly what the powers of the board are in that regard.

What is intended is that the VHI should be put on a footing corresponding to that of commercial undertakings generally in the conduct of its business arrangements with providers. The VHI must have such powers as otherwise it will have no basis in law on which to take prudent measures to contain costs through ensuring the delivery of quality services on the most economical basis.

It is in the interests of the members of the VHI that it can manage costs as failure to do so could quickly lead to premium levels escalating beyond the reach of most. Health insures worldwide are constantly struggling with this difficulty and it would be unacceptable to expect the VHI to operate in a vacuum where the issue is one that could jeopardise its very survival. Clearly, the provider and insurer have a shared interest in the optimum provision of services to the member/patient. In this context there is no reason why providers and insurance companies would not be prepared to be transparent and accountable about the services they provide. Providers and insurers also have a shared crucial interest in the maintenance of a high participation rate in voluntary health insurance schemes and the continued existence of a strong ethic and culture of private health insurance among the population. In its 1994-95 financial year, the VHI paid out £107 million to private hospitals and £60.3 million in respect of consultants' fees. The amount paid out to public hospitals in the year was £57.2 million. Therefore, the total payout to hospitals and in respect of consultants' fees was £224.5 million. Developments in other countries show an acceptance on the part of providers and insurers to work together in taking new approaches to how care and treatment are delivered. Such moves recognise the importance of seeing the wider picture of interdependence which underlies the private health insurance system and failure to do so will not serve the public and will ultimately not serve any party.

There were two amendments of a substantive nature which were brought forward by me in relation to this section in the Bill's passage through the Dáil. One of these allowed that, in addition to the matters already specified under the section as published, the VHI may have regard to the wider perspective relating to services, either existing or proposed, when considering whether to enter into an agreement with a provider. This is no more than one would expect of an undertaking applying normal and sound business principles in its decision making process.

Section 2 also makes provision for the VHI to undertake schemes of health-related insurance which will give it wider flexibility for innovation in the product design area. Traditionally, the VHI has provided schemes which specifically indemnify the member, in whole or in part, against actual medical costs incurred in the treatment of injury, disease or illness. The success of the VHI in terms of its market penetration of 35 per cent of the population, as against 12 per cent approximately of those with private medical insurance in the United Kingdom, can be partly attributed to the medical indemnity product it provides. This is indicative of the sense of security and reassurance it offers the insured person against the uncertainties of serious illness and injury. While this will remain the VHI's core business, it needs to have the capacity to compete against companies which are offering forms of cash based insurance such as hospital cash. It also needs to be given the capacity to be creative in a market that demands innovation. It needs to be able to compete on a diversity of products — for instance, those intended to appeal to specific groups or "add on" cash products to enhance the attractiveness of existing schemes or preventive or "wellness" schemes.

The Bill will enable the VHI to develop diverse packages of insurance in the form of a combination of indemnity and cash cover, thereby putting it in a position to be more responsive to the needs of its members and the market generally. A key target constituency for new products should be young people and the VHI will be able to tailor packages to attract them into private health insurance. Their participation is vital to the maintenance of a strong community rated system. The Bill provides that schemes of health insurance shall be subject to the consent of the Minister. Therefore, I consider it opportune for me to state that while indemnity insurance will remain the main business of the VHI, I am disposed towards supporting it in developing attractive and imaginative products aimed at enhancing its membership and revenue situation.

The other substantive amendment under this section which was proposed to me and accepted in the Dáil involved elaboration of the definition given to "health-related insurance scheme". Looking at what is happening elsewhere and taking account of the views of the VHI board in the matter, the provision was defined in a considerably greater degree of detail than was originally the case. The result was to give the VHI a wide variety of options for the formulation of packages, whether benefits are based on indemnity or cash or a mixture of both, or are funded and delivered on a capitation or other programmed basis. There was also provision included for the VHI to make cover available in respect of services in the nature of preventive healthcare or "wellness schemes". This is an area where some foreign health insurers have developed niche products. The intention behind the Bill is to enable the VHI to conduct its business on more commercial lines. That having been said, the dimension which concerns my position as Minister with a 100 per cent shareholding in the VHI is to be recognised. I am accountable to the Oireachtas in that regard and it is therefore legitimate for me to have an input into the policy and strategic considerations of the VHI in order to satisfy myself as to the appropriateness and soundness of any particular direction being taken.

Section 3 of the Bill puts on a formal footing the practice which has operated until now whereby the VHI consulted the Minister in regard to proposed premium increases. The section now places a duty of notification on the board; it provides that the board can apply increases automatically after a specified short period has elapsed unless the Minister expressly issues a reasoned direction against implementation of the increases. It is entirely appropriate that the Minister should have the capacity to have some real input in relation to premium increases which can impact on 1.3 million of our population. The fact that the VHI has a near monopoly in the market means that it is in order for the Minister to reserve the power to intervene should circumstances warrant. The VHI review group considered it appropriate for premium levels to be subject to regulatory approval for so long as the VHI continues to enjoy a virtual monopoly of the health insurance market. The response by the Minister to notification of proposed premium increases under the section will be prompt. In effect, this section brings clarity and structure to an informal arrangement that has been based more on custom and practice in the past.

An amendment to this section was considered by the Dáil Select Committee on Social Affairs also. It proposed that the Minister's power to issue a direction to VHI not to implement a premium increase be exercised by regulation. I viewed this as making the process more complicated and protracted than it needed to be. The amendment was withdrawn following discussion.

Section 4 recognises that the limitation on the board's size, of not more than five members, imposed under the 1957 Act has outlived its relevance in terms of the contemporary needs of a national commercial undertaking. This was adequate to meet the needs of a board which was presiding over a State monopoly in a stable and uncomplicated market environment. As the trading environment has become more demanding, complex and volatile over time, and especially in view of the opening of the market to competition, the board must change with the times and circumstances. Section 4 of the Bill provides for the size of the board to be extended to not more than 12 members. It will therefore be possible for me, as Minister, to ensure there is available at board level the depth and range of knowledge and experience appropriate to the modern VHI. It is my intention that the board's composition should reflect the level of skills and expertise appropriate to that of a major commercial insurance undertaking. It is also, in my view, desirable that it should have an effective consumer input.

In order to avoid having to enact a further amendment, should future circumstances have warranted the size of the board to be increased beyond 12 members, the Bill as originally published had provided for the Minister to determine the number of members by regulation. However, having taken account of opposition to this provision as expressed to me in the Dáil Select Committee on Social Affairs, it was deleted on my amendment on Report Stage.

Section 4 also provides that the number of board members who are health service providers is not to exceed two persons. Subject to the provisions of the law, it is the prerogative of the Minister to select board members. While the VHI is about the business of healthcare, it is first and foremost an insurance undertaking. The skills and expertise it needs to thrive are those relevant to the insurance sector generally — actuarial, financial and marketing — as well as expertise in the healthcare industry. Against this background, I am satisfied that the law should place an acceptable upper limit on the number of board members who come from a provider background. I want to make it clear at this point that those from a provider background, employer or medical, who have served on the board have done so always with the best interests of VHI members and subscribers central to their contributions and actions. It is not in question that a person's health service expertise and specific knowledge of the area enables him or her to make a valid and positive contribution to the work of the board. The issue is rather one of the appropriate balance to be struck in providing the VHI with the composition of skills and expertise at board level which will best serve the organisation's needs. I consider that not more than two persons who are health service providers out of not more than 12 members overall represents an appropriate balance.

An amendment proposing deletion of the subsection which limits the number of health service providers on the board was the subject of considerable debate in the Dáil but was not acceptable to me. I believe that over time, and unintentionally, a drift towards a dominance of or disproportionate participation by health service providers on the board could occur. It is right that the Bill should contain checks and balances to ensure that such a situation cannot develop while at the same time allowing for the board to benefit from the particular knowledge and expertise which providers have to offer.

It is appropriate at this point to place on the record of the House the debt of gratitude which is owed to board members, past and present, who have worked so selflessly for the betterment of the organisation and in the interests of its members. Their contribution is one of distinction and honour in giving generously of their time and energy for the public good. One must also recognise the very great and effective input which the members of staff of the VHI make to the organisation on an ongoing basis. Their industriousness, commitment and dedication is certainly one of the strong cards the VHI holds in whatever competitive battles may lie ahead. It is a great credit to the organisation that at 6 per cent of premium income the VHI's administrative costs stand very favourably in comparison to those of other like companies.

Section 5 gives a statutory basis to the position of the chief executive of the VHI and in so doing underlines the crucial leadership role attaching to the position, which the VHI review group regarded as vital to effecting change in the organisation. As I have said, the group identified the chief executive as a key agent of change and set out principles under which the chief executive should have total responsibility for the efficient direction of all operations. The Bill provides that the chief executive, under the authority of the board, will be the person responsible for carrying on, managing and controlling generally the administration and business of the VHI. The Bill puts the chief executive on a par with counterparts in other commercial State bodies in terms of carrying through the task of effecting and managing change for the good of the organisation.

Section 6 relates to the conditions which will apply where a board member or a member of VHI staff is nominated or elected to membership of either House of the Oireachtas or of the European Parliament. It supersedes section 9 of the 1957 Act, which dealt with Oireachtas membership only.

Section 7 relates to the terms and conditions of service of members of staff of the VHI. It obliges the board to have regard to prevailing Government policy or nationally agreed guidelines in determining the remuneration or allowances to be paid to staff. This is now a standard provision in legislation of such bodies. An amendment to delete that part of the section requiring that the board comply with any directives from the Minister, given with the consent of the Minister for Finance, regarding the remuneration, allowances, terms and conditions for staff was withdrawn after consideration by the Dáil Select Committee on Social Affairs.

Section 8 provides for a prohibition on the unauthorised disclosure of information. This recognises the sensitive nature of the information which the VHI holds. It prohibits the disclosure of confidential information unless duly authorised by the board. It does not therefore impinge on the freedom of staff to give information, as required in the normal exercise of their duties, in reply to inquiries received. The provision reflects the need to protect commercially important information in a new and competitive market environment. The prohibition applies not only to board members and the staff of VHI, but also to those who act as consultants and advisers to the organisation. The description of confidential information as provided under the section was made clearer by an amendment which I brought forward in the Dáil Select Committee on Social Affairs and which was accepted by it.

Section 9, which replaces section 21 of the 1957 Act, enhances the accountability of the board to the Minister by reference to the information which it is obliged to furnish at his or her request. It does not, however, require the board to make available information about an individual member of the VHI or a particular health service provider. A small change to this section was made on my proposal to the Dáil Select Committee on Social Affairs to avoid any doubt that the Minister's entitlement to receive information is superior to the provision relating to the prohibition on the unauthorised disclosure of confidential information contained in section 8.

This is the first piece of legislation prepared in relation to the VHI since its foundation. It is intended to effect essential amendments to the 1957 Act and is a significant step on the path to transforming the VHI to enable it to meet new market challenges.

I said earlier that I would give the House my reasons for not making provision under the Bill to change the VHI's corporate status. I now return to this point. I have an open mind on this matter and I am prepared, in due course, to recommend to the Government what is best for the organisation. I have set out the considerable change which the VHI is undergoing at present. This is consistent with the approach recommended by the VHI review group who, first and foremost, advocated a change in the business nature, culture and orientation of the VHI and identified the chief executive as the catalyst for this. The group was of the view that the appropriate corporate structure for the VHI in the future would be that of a limited liability company with 100 per cent of the shares held by the Minister. It considered the conversion to a limited company to be part of a process of radical change to encourage the development of a more innovative and commercial approach.

I am satisfied that a change in the corporate status of the VHI, while it would remain 100 per cent State-owned, should be further explored. I am of the opinion that this would be most appropriately and effectively undertaken when the proposed new arrangements to enhance the expertise of the VHI at board level have been effected. The recent restructuring of top level management should serve to assist the enlarged board in this process. I will be requesting that the enlarged board give detailed consideration to the matter of a change in corporate status and that it submit to me such developed proposals as it may deem appropriate in this regard. Accordingly, this is a matter in respect of which the House may be asked to consider legislation at a future date.

Other significant amendments were proposed in the Dáil which are not provided for in the Bill before us and regarding which I would like to inform the House. An amendment was tabled at the Dáil Select Committee on Social Affairs to the effect that nothing in the Competition Act, 1991, would prevent or restrict the VHI, or any health insurer, from exercising the powers or doing any of the things provided for under section 2 of the Bill. The issue of exempting health insurers from the terms of the Competition Act, 1991, was discussed at length by the committee and the amendment was withdrawn as a result.

The Dáil also considered an amendment relating to the establishment of a VHI users' commission which I considered, openly and carefully. However, having fully reflected on the matter, I formed the view that a statutory body dealing primarily with complaints of VHI members would largely be a duplication of the independent and effective arrangements already at the disposal of VHI members through the Insurance Ombudsman. It was also my opinion that to take such a step now would fail to give a reasonable opportunity to the members' advisory council, recently established by the VHI, to operate and have an impact as regards the broader considerations of promoting and enhancing customer services.

I consider that the Voluntary Health Insurance (Amendment) Bill, 1995, contains a balanced and measured set of provisions. I recommend it to the House as a significant step in the process of modernising this State commercial enterprise which has a business relationship with and service obligation to such a large proportion of our population. I am confident that, along with the personnel and structural changes within the organisation, the Bill will enable the VHI to adjust to and take best advantage of a changed market environment. I am working towards a VHI that is financially strong; adaptable and market driven; dynamic and innovative in the area of product development; having good working relationships with providers and a good customer relations base.

The objective of this Bill is to make the VHI a more vibrant commercial undertaking which is appropriately resourced, in terms of its governing legislation, for the era of competition ahead. I believe that this Bill puts the VHI on the right course to maintain its position as the main force in private health insurance in Ireland for the future. I commend the Bill to the House.

Cuirim fáilte roimh an Aire. This Bill shows how great were our predecessors because, almost 40 years ago, they formulated a Bill which has stood the test of time. Many radical changes have occurred in the lifestyles of Irish people during the latter half of that period.

It is good that this Bill will place the VHI in a position to compete with outside insurance companies. I am certain the Minister will ensure that there is no loophole whereby an insurance company might come here and poach younger members from the VHI. Insurance companies in general only desire the business of younger people. When I was growing up insurance agents only canvassed a family for business when someone began to receive their old age pension. At present, insurance companies do not want the business of people aged 55 or 60 years. The same situation prevails in relation to all types of insurance where people are classified in low or high risk categories. It would be a pity if insurance companies from outside could select everyone in the low risk categories, leaving the VHI to cater for high risk customers. I am sure that this will not be the case.

It will be very difficult for any insurance company to provide reasonably priced health insurance in the future. The VHI is doing a great job and deserves great credit in this regard. A compensation culture is becoming prevalent in hospitals and elsewhere which makes the provision of health services very expensive because every decision must be checked and verified by two or three officials before an operation is performed. This costs a great deal of money. Sometimes I wonder where it will end.

Something must be done with regard to placing a cap on services. The Minister referred to "cash products" but I am not sure what is meant by this. Does it mean that some people will be provided with money to pay for services required? Last year some patients travelled to Northern Ireland to avail of a service which costs much less than in the Republic. If people are offered the alternative of receiving money and can make their own arrangements with a consultant, they may be able to bargain or barter, which could result in better services. Some years ago my local health board incurred costs in the region of £1,600 per person eligible to receive services as a public patient. If those people were informed that they would receive £1,600, how many would spend the money on their health?

I stated previously that I am saddened by the fact that despite the billions of pounds invested in health and education, our society is less healthy. Billions of pounds of taxpayers money are being wasted by people, many of whose ailments are self-inflicted. I do not know how we will come to grips with this problem, but we must do so. If a person wants to have their car repaired, they seek an estimate of the cost and discover who will carry out the work for the lowest price. The days are gone when people could simply have something repaired and pay the bill for that service. People do not know what charges they will incur for such work. The same system must be introduced to the VHI and all other facets of healthcare service.

The VHI provides cover for 35 per cent of the population and it is magnificent that it can do so for a relatively small amount. The cost for health services in the public sector is far greater. Deputy Ned O'Keeffe recently mentioned the provision of national health insurance for everyone and inquired if it would be better and less costly if all hospitals and services were privatised? I do not believe that it could cost any more than it does at present.

I am glad that only two service providers will serve as members of the new board. The county councils ran the health service for years at a fraction of what it cost when the health boards took over. The health boards took over because it was said the county councillors did not know anything about it. They knew how to look after the pence and shillings and how to keep the county council within its budget. Once the health boards took over experts were employed and it was said they would run a cheap health service because they knew what they were talking about. However, the health boards are looking for more money each year from the Minister for Health. I supported every Minister for Health and every budget for the past 21 years because I know the problems they face. The taxpayer must pay for this in the long term.

Many health board members are elected because they are leaders of their unions, and I do not say that in a derogatory way. This means they are torn between which that they should wear. It is not fair to put them in that position because if they do not carry out the union's wishes, they will not be allowed on the board. People elected to a board should have no interest in it other than ensuring it is run as well as possible. There should be no monetary gain and they should not be involved in any of the services it provides. County councillors are always fair and impartial because they have no axe to grind and they know what is best in the interests of the people. I doubt if a 12 member board will be any more efficient. I always said six members were enough on any board because the more there are on it the more difficult it is to control.

In 1980 the population was approximately the same as it is now. At that time subscriptions to the VHI amounted to £25.2 million and claims cost £19.6 million. In 1995 subscriptions increased to £232.6 million and claims increased to £233.1 million. What has gone wrong over those years? Why have people become so sick in 15 years? I wonder if people need to go to doctors now as often as they do. I thank God I did not have to go to the doctor with too many complaints, although I might have done so if I did not have to pay.

People are now claiming against doctors. A doctor can only do his best and he is right in 99 per cent of cases. If tests must be carried out on these 99 per cent, the people will become human pin cushions as a result. Where will this end? We have now reached a stage where someone must be present when a doctor examines a patient in case of a claim. As long as this attitude prevails we will have an expensive health service. Perhaps a commission could be set up to examine why the costs escalated from £25.2 million in 1980 to £232.6 million in 1995 and why claims increased from £19.6 million to £233.1 million. If we could solve that problem perhaps we could get reasonable health insurance and good health care.

The VHI has changed with the advent of private hospitals. Good hospitals had to close in towns because we were told it was not safe to take a thorn from a patient's finger without having a backup service. However, a few years later many of those hospitals, which were only glorified nursing homes, became private hospitals. What caused this change? They do not have the same backup services as those in our regional hospitals. Perhaps this should be investigated. There are two good hospitals in my health board area, Sligo General Hospital and Letterkenny General Hospital. I do not understand why professionals in those hospitals send their patients to private hospitals when public hospitals could be paid for the use of private beds.

The Minister mentioned four new posts for directors of sales and marketing operations and finance and business development. I do not know how insurance can be marketed or if these posts will be successful, but I hope they will.

If another 15 per cent of people join the VHI they will be in private hospitals. Will this mean a reduction in the number of people attending public hospitals? Will we be able to provide those who are not in the VHI with a better service? Over my 21 years on the health boards, it worried me that a person who needs a hip replacement or other operation has to wait. However, if they were in the VHI or had the money they could have the operation done overnight as a private patient. I would like to see public and private patients being treated equally.

If the market becomes more open, more people will become VHI subscribers, fewer people will need to use the public service and the pay off should be that public patients will be on a par with VHI patients. People who have accidents or need immediate attention are given an excellent service by every hospital. Anyone who is stricken with a sudden illness can get into hospital and be treated immediately. I have no doubt that people admitted following a road accident or heart attack are treated the same as patients in any private hospital. The public service provides an excellent service but in some instances there are long waiting lists.

The Minister stated that the VHI must have the capacity to compete with companies offering cash based insurance. Does that mean patients can get the money and pay their own bills? If so, it is a very good idea because it means people can go to any hospital to be treated. It is a pity so many doctors are not accepting VHI fees. There is nothing we can do about that. It is sad that a person paying VHI finds that when they go to a hospital, the VHI only pays so much and they must still put their hand in their pocket and pay the balance. A group should be established to monitor the cost of operations. There is no reason people should not know the cost of different operations.

I am glad that only two members of the board will be members of the medical profession. That is a good idea because if the board wants professional advice, it can call on its staff to provide it. These professionals need not be members of the board.

I welcome the Bill. It is a step in the right direction and I sincerely hope it will stand the test of time. I hope someone will pay the same tribute to the Minister and to us as I pay to our predecessors who formulated the 1957 Bill.

I welcome the Minister to the House and thank him for the detailed contribution he made on the Bill today. It was also interesting to listen to Senator Farrell who has a long interest in health care. He asked many interesting questions.

As a result of the EU third non-life assurance directive, the private medical insurance market is undergoing considerable change. In 1994, the Health Insurance Act was passed which allows for competition and the regulation of the Irish private insurance market on foot of the third directive on non-life insurance. Until that time, the VHI had a monopoly on health insurance. VHI subscriptions were based on the community rating principle, that is, everyone pays the same insurance premium irrespective of the risk of making a claim. These risks grow progressively with age so community rating involves transfer from the young to the old. That transfer is justifiable on social grounds because the old are judged to be more vulnerable economically than the young.

The opposite to community rating is risk rating, whereby premiums are calculated in relation to the probability that a class of subscriber will make a claim. In a competitive environment, it was the belief of the Government that new entrants to health insurance, either domestic or foreign, would offer lower risk related charges which would mean lower rates for young people. Senator Farrell touched on this issue. It was called cherry picking at the time. The Oireachtas Joint Committee on Commercial State-Sponsored Bodies indicated that it was its view that community rating is a principle worth defending.

In 1990, the European Union Commission presented its proposals for the completion of the internal market in direct insurance. The Irish Government was successful in its submission to the Commission and, as a result, the Commission in its recognition of the social importance of private health insurance and in the interests of the general good, allowed member states to provide for community rating, open enrolment, lifetime cover and related matters. The Health Insurance Act 1994 establishes the regulatory framework within which foreign insurers wishing to pursue health insurance schemes must operate.

With the implementation of the Bill before the House, the VHI, with its extensive knowledge and expertise within the Irish market, should be in a better position to meet the challenge of competition. The VHI was established in 1957 and its success could be measured by the fact that one in every three of the population are members.

The role of the VHI in the development of the health care service in Ireland has been significant. The availability of VHI cover and schemes pursued by the VHI has served to encourage a mixed public and private care and the common good has been served by such an integrated system of health care as it has ensured that the very best expertise and medical know how is available to all patients. It is difficult to quantify the type of competition that will face the VHI but with more than one million customers, a huge market share by any stretch of the imagination, the VHI has a great deal going for it.

As a result of the Health and Insurance Act, 1994, potential competitors have been put off by the conditions under which they operate here. These include the stipulation I mentioned earlier, that all members pay the same premium for the same level of cover regardless of age. This makes it difficult for competitors to target young healthy people while deterring older people.

The VHI is seen as a vital arm of public policy. VHI members contribute, through their premiums, to the cost of their own medical care. Should members opt out or should people fail to join in large numbers the result would be sharply increased demands on our public health services. I, therefore, believe the State should have continued to give incentives to people to join the VHI. The decision to cut tax allowances from the top rate of 48 per cent to the standard rate of 27 per cent tax over two years in effect increases the cost of VHI premiums for many people. Indeed, there have been many increases in VHI premiums in recent years. The decision to cut tax allowances was made despite recommendations by the all-party joint committee against the change. It concluded that the withdrawal of the tax concession would be likely to have a significant adverse effect on membership.

The full impact of the reduction in the tax allowance will be felt this year and next year unless the Department of Finance agrees to reintroduce the full reliefs. As this impact is being felt, many members may wonder why they are in the VHI when they are entitled to public health care. It must come as a surprise to everyone that the VHI was established 40 years ago and there has been no corresponding change in legislation since then.

The Bill before the House proposes to give the VHI explicit powers in relation to dealing with health service providers. It will be able to add new types of cover to those now on offer. These will include cash payments to people who suffer serious illness. Policies of this kind are already sold by many banks and insurance companies. This will turn the VHI into a positive force in the market place rather than a price taker obliged to pay what suppliers of service demand.

It has been argued that it could be anti-competitive and to the detriment of VHI members who are not able to choose which suppliers they want to use. However, it is my view that the ordinary patient is not too concerned about this matter especially if it enables the VHI to exercise some control over cost which, in turn, will enable them to keep premiums down. If it succeeds in doing this it is likely to meet with general approval.

With a 6.3 per cent cost to income ratio, the VHI appears to be efficiently run but it certainly needs to recruit new, younger subscribers rather than to reduce benefits or raise premiums for older subscribers. It is very unfair that a person who has contributed for many years should be penalised by higher charges when the time comes to be a net beneficiary.

The success of the VHI depends on recruiting young members. I was glad to note in the Minister's speech that the key target constituency for new products should be young people. The VHI will be able to tailor packages to attract them into the private health care service. Up to now the VHI has not been aggressive enough in addressing the market for young people. For instance, many of us insure our own families in the VHI, but when they come to 18 years of age we let them look after their own insurance cover. When they reach that stage the VHI does not follow them up. I have experience of that myself. The VHI should be more aggressive in offering these packages and services to 18 year olds.

I am pleased to note that Mr. Brian Duncan, formerly of Irish Life plc, has been appointed chief executive. I know Mr. Duncan personally and I believe that with his experience in the insurance sector and his proven qualities of leadership, the Voluntary Health Insurance Board will be able to meet competition with confidence. Mr. Duncan will be able to confront the financial difficulties facing the VHI at the moment, with special reference to increasing its reserves. It is important for the future of the board that the VHI must improve its financial situation as well as increasing its reserves.

I was also pleased to note in the Minister's speech that under the Bill the chief executive will be responsible for managing and controlling generally the administration and business of the VHI. This puts the chief executive on a par with his counterparts in other commercial State bodies in regard to carrying out his tasks for effective management and change. I welcome the restructuring of VHI management, with four new directors who will be involved in sales, finance, marketing and business development. This will help to put the VHI on a strong commercial footing.

The measures in the Bill will enable the VHI to become a more vibrant undertaking as well as putting the VHI on the right course to maintain its position as a force in private health insurance.

Even though we do not yet have to declare an interest, I should say that I am a subscriber, provider, consumer and am involved in every other way in the Voluntary Health Insurance Board, so the Bill is of great interest to me.

The provision of health care is one of the most important debates going on internationally at present. As other speakers have pointed out, health care costs have increased dramatically over the past ten to 15 years. It is interesting to see that in a paper entitled Equity in the Finance of Health Care: Some International Comparisons, by Adam Wagstaff of the Erasmus University in Rotterdam, Ireland is one of the countries used for comparison because of its mix of public and private health care. In fact, we do not come out of it too badly.

Private health care in this country has, to date, been organised totally by the VHI. When it was first set up it was one of the most exemplary schemes that one could be involved in. It was effective because at that time a large number of people were not covered by health care. At very low cost, within firms in particular. VHI schemes were set up which citizens could become members of. A large number of people immediately became members and since then the VHI has enjoyed a great consumer loyalty. It must have been doing a good job otherwise it would not have retained that loyalty. At the same time, the State was improving its facilities considerably.

While I am praising the State system now. I hope the Minister will allow me on another occasion to criticise various areas that are still neglected. When the VHI scheme was introduced it was extremely effective but State medicine has improved enormously since then. This means that VHI subscribers expect a great deal more than they did in the past.

I will deal with the various areas that have caused financial problems for the VHI. which ran into the most appalling situation at the end of the 1980s. Were it not for the review body set up by the previous Minister, it would have been impossible for the VHI to pay its bills.

The State picks up an enormous amount of fees for VHI and non-VHI subscribers. This is a real plus for the VHI, but one that it is not sufficiently aware of. For example, all preventative medicine schemes and immunisation campaigns are carried out by the State. Accident emergency services deal with private and public patients on an equal basis, so the VHI's problems are solved there.

I am amazed to hear people suggesting the establishment of a type of private accident and emergency system and I dread to think how it would operate. More preferable is the suggestion, made in recent Department of Health radio advertisements, that people with minor ailments should attend their GPs rather than going to an accident and emergency service which, in general, is for really serious problems. One of the major complaints from patients is the delay within the accident and emergency service, but that delay is because 40 per cent of those attending it are non-urgent cases. Unfortunately, we are aggravating the situation that is being complained about.

People covered by the VHI are often also covered by medical cards. VHI contributions to some services, such as nursing and physiotherapy for elderly patients, are less generous and, I have to say, less efficient than those supplied by the public services. In many of those cases, the public service picks up the bill for those covered by VHI. The cost of drugs is covered for many of those contributing to the VHI but who have medical cards. That is another saving. Others covered by the VHI prefer to go to clinics in public hospitals as not all are as bad as they are made out.

However, there are major advantages for those who opt for private health schemes. I am transposing the VHI with private health schemes because that is the main one operated in this country, although some people are covered by BUPA and the private patient scheme. An important aspect of a private health scheme is that it gives patients a choice of doctor. To some extent general practitioners still have some power as regards who they refer patients to in the hospital sector. In many parts of Britain general practitioners are only in a position to refer to specific hospitals, whether they are trust or sector hospitals.

We do not realise the advantage which patients have here. Due to the non-sectorisation of hospitals into areas, patients are entitled to be referred to whom their general practitioner decides is best. Another advantage which private health care gives patients is that they have some control over the timing of their treatment and waiting times may not be too long. However, waiting time for private treatment can often be extensive due to the restrictions put in place by the VHI on some private hospitals, although a person has more control over when they enter hospital.

Another important issue for many is privacy and it should possibly be available to all patients. When Dr. John O'Connell was Minister for Health he brought in a charter for patients. One of the things which was high on that list was that privacy should be available for all patients. He did not consider that curtains around a bed constituted privacy and I support that. It is unacceptable to question patients about their private lives with people adjacent to them, whether in the outpatients department or in wards.

Costs have escalated as a result of innovations in medical technology, greater patient expectation and litigation. I was interested to hear Senator Farrell raise the issue of litigation as being a problem with health care costs. There have been considerable increases in hi-tech medicine internationally and in medical innovations. We are only at the beginning of such innovations, particularly when one looks at the possibilities of genetic engineering. Once a machine is available, it will be used. People often ask how they managed without a CAT scan or a MRI scanner. The greatest problem once a machine is available is patient demand for investigations. The value of such machines is not assessed frequently enough or pointed out to the patient. Senator Farrell said that one could come out of hospital covered with pin pricks because of the array of tests.

The risks of investigations are not pointed out. One only needs to look at litigation in the medical profession to see that often some of it involves investigations. A better assessment by the medical profession of the risks of any investigations and a better explanation about them to patients would be worthwhile.

Another expense which comes under recent hi-tech medicine relates to the new drugs which have been introduced. It is important that these drugs are carefully looked at. I was interested to hear that the Institute of Pharmacists at a recent seminar pointed out that Irish people were among the lowest drug users in Europe. It was felt that the consumption of a greater amount of medicine might do us a lot of good. There is little to show a relative increase in health with an increase in drug use. There is no need for me to tell Members that changes in lifestyle are far more important.

The use and abuse of drugs within the health service must be looked at carefully. Drugs are important from both a cost and health point of view. A recent survey in St. James's Hospital on patients with pneumonia discovered that those treated with antibiotics orally did as well as those treated with antibiotics intravenously, but the difference in cost was enormous. It is important to treat patients with the simplest antibiotics possible because there has been an emergence of Methicillin resistant staphlococcus aureus in hospitals. At present we only have a 7 per cent incidence of this but in Spain, where drugs are more widely used, the incidence is 52 per cent. I gather it is not an arithmetic progression once this starts but a geometric one.

We must explain to patients that repeated demands for antibiotics or other drugs can have deleterious effects on their health. Patient demands are high and people believe there is a cure for all ills, which is not possible. It has been suggested that there must be more and better technology to deal with conditions. The situation should be explained to the public through the Health Education Bureau.

Senator Farrell mentioned litigation. The cost of defensive medicine must be enormous. A large number of investigations are done because doctors are afraid that if the patient is dissatisfied, they will be asked why they did not do a certain test. Sad cases come before the courts from time to time where one may believe that a certain investigation should have been done and might have been of value. For the large number of investigations done, many others are of doubtful value.

The VHI has gone through a bad time with consumers, doctors, health providers and the hospitals. The consumers believe they pay high fees but do not get much value. The VHI made foolish promises and decided to cover people who do not suffer from what could be described as a sickness. For example, I do not know why the VHI, in a country with the highest fertility rate in Europe, decided to cover child birth. If there were problems in childbirth, they should definitely have been covered. However, the expense was not examined carefully before the VHI decided to provide this cover. If, for example, the money had been put into screening programmes for women who were in a position to have mammographies or cervical smears, these types of preventative areas of medicine could have been better served.

Another matter which has caused distress to patients is that the VHI has decided what are and what are not day care procedures. I do know how many Members have had procedures carried out on a day care basis. Such procedures are done safely but, for many ill people, it is with some inconvenience and a great deal of distress. Patients who are not in the whole of their health — otherwise they would not be in hospital — must turn up before 8 a.m. and generally do not leave the hospital until 8 p.m., usually having had a general anaesthetic and possibly an uncomfortable procedure during the day. Social conditions in Ireland have improved enormously and it is possible to discharge people. However, if a comparison was made between public and private patients seen on a day care basis, would it be found that a higher proportion of private patients are seen on a day care basis?

The relationship between the VHI and the medical profession was very bad and there were prolonged negotiations regarding the setting up of the preferred providers scheme in which approximately 80 per cent of consultants are now involved. The situation arose because patients who were covered by the VHI and went to a doctor then received bills, sometimes for many hundreds of pounds, after they felt the doctor had been adequately paid by the VHI, felt very aggrieved. However, the problem is that, after getting so many people into the full cover scheme, the bills to consultants appear higher than ever. I do not know what method the VHI used to assess the worth of different matters. However, some doctors, physicians in particular, feel they are still in an invidious situation compared to others and balance billing is the result.

A third area in which there have been problems is the relationship of the voluntary health hospitals. The ongoing crisis in the discussions between the private hospitals and the VHI is unsatisfactory. For example, St. Joseph's in Mullingar was forced to take the VHI to court before it could have its payments made. The VHI is now in a position to delist hospitals. However, the increase in the number of private beds in public hospitals has been important in terms of payment towards the public health system. When the Minister controls premia, he has an advantage over the public hospitals. I hope this Bill will mean competition, but I am not sure that will be the case. Private health care is extraordinarily expensive. I was in Detroit some time ago and I saw all the private hospitals closed there. As we know, the US features private health par excellence.

The reduction in tax relief on the hotel accommodation part of the higher plans does not seem unreasonable. However, Ms Caroline Gill of the Consumers' Association of Ireland stated in the Sunday Business Post on 19 July 1994 that the alternatives between public and private health care must be examined carefully. Consumers may decide they are not getting value for their money and other organisations coming into the country may not consider it a lucrative market in which to find business.

I welcome the Minister to the House and thank him for his lengthy explanation of the origins and development of the VHI. In common with other Senators, I welcome the Bill. The strength of the original legislation is obvious, given that the organisation has existed since 1957 and amending legislation is only now required.

In many ways we must thank the VHI for its work to date. I do not benefit from the VHI in the same way as Senator Henry. However, I am grateful to it because in recent years my family has had occasion to call on it. My husband was seriously ill and the existence of the VHI was of enormous benefit to us. It meant the cost of his health care was not a major worry at the time. The VHI is courteous and efficient in dealing with queries and many people like me have occasion to be thankful for its work. The Minister said that only 6 per cent of the premia went towards the cost of administration and this must compare favourably to any private or public organisation.

The VHI is facing competition and it is important that it is geared to cope with that change. I hope it will be in a position to stave off the competition from abroad. It is important it receives every assistance possible given the service it has provided to the public. People would like it to continue to prosper and provide the same service. However, one aspect which must be queried is why approximately 35 per cent of the population joined the VHI compared to 12 per cent of people in Britain with private medical insurance. In EU terms, Ireland is regarded as having a lower standard of living than Britain. How can 35 per cent of our population afford to join a voluntary health insurance scheme? Is it because many Irish people are not aware of their exact entitlements under the public health service?

For many years the view was that, unless one had a medical card, one could not receive services in public hospitals at a reasonable cost. The public is not generally aware of the level of service available to them. I imagine many people who join the VHI are in the lower socio-economic group and can barely afford the premia imposed by the VHI over the years. Perhaps people wish to cover all possibilities and the VHI is viewed as insurance for the future when a person may need something done in a hurry. People are prepared to pay VHI premia to cover that eventuality. I am also surprised at the statistics quoted by the Minister when he stated that £57.2 million was paid to public hospitals as against £107 million to private hospitals. I would like to see the comparative figures with regard to patients covered and treatments provided in the two areas. Far more patients go through the public hospitals, so that while the Minister says the VHI is underpinning the public hospitals, perhaps the reverse is true. Many of the services, equipment, nursing and other ancillary staff provided by public hospitals are not being effectively charged out to the VHI. In this respect public health is subsidising private care.

It should be possible to ascertain the cost of a foot or hip operation and it will then be apparent if a private hospital is charging over and above what would be a fair price. Such transactions should be subjected to the same consumer laws and rights as are applicable elsewhere. There should also be a greater scrutiny of costs with a view to ascertaining why some operations cost more and some consultants charge more than others. There should be a level beyond which increases should not be tolerated.

I am pleased that the new board will have an increased membership. The number of health service providers on the board should not be limited to two; there should be three. In addition, the consultants, medical staff and administrators of hospitals should have a voice on the board. Nursing care in hospitals has not been taken into account. Nurses should have a greater say in the way our health services, private and public, are run. They are the people who see more of the patients and what is happening. They have a good idea of what is going on and can see the flaws and faults quicker than the doctors who come and go. They can also be critical of mistakes made in our hospitals.

I am also pleased the Minister intends to have a greater consumer input to the board. At the risk of being sexist I ask him to include a strong representation of women because more of them are carers in society than men. When children or elderly people are in hospital it is often women, whether they be mothers, daughters or wives, who are in attendance. They have a greater insight into the way the hospitals are run and usually have more practical and down to earth suggestions as to how services can be improved.

There is a great need to attract young people to contribute to the health services. Children of 18 years of age who come off their parents insurance should be targeted and included. We need their money to prop up the older generation. Our population is greying and care of the elderly will be a major problem for all of us in the years to come. Unless the next generation is willing to partake in an insurance scheme the money will not be there for the care of the elderly.

I do not agree with Senator Farrell's assertion that if medicine was privatised the cost would come down. Anybody who has even the slightest input to or knowledge of the American system would realise that health care in America is extremely expensive, even for the most minor and routine operations, Sometimes people find it less expensive to travel to Europe, where there is more public health care, to undergo routine operations. There is no evidence to prove that privatising medicine would reduce costs; the opposite is the case.

Perhaps health costs have increased because of the lack of availability of health care. In the 1950s many people died because of the lack of health care. We are now keeping people alive longer. This would not be the position if the infant mortality rate today was similar to that which existed in the 1950s. I would prefer my relations who are now living and are a cost to the State in terms of health care, to continue to live and be supported through my taxes than to have masses said for them every year.

It is desirable that, if one joins the VHI, one is guaranteed a certain level of service. Over the years, many people have been confused by developments in the service provided. For example, at one time maternity expenses were fully paid. Then that was cut back but reintroduced. Ordinary members of the VHI would be unable to tell for what they were covered because of these changes. With every crisis some services are cancelled only to be reintroduced following public demand. The VHI should make clear to what benefits members are entitled and should then offer other benefits subject to negotiation.

We should encourage the broadest participation in the VHI because without this it cannot continue to survive. This is a good Bill. It is designed to improve and help the VHI continue into the next century. Long may it do so.

I welcome the Bill. It might have been a little longer and more detailed and it would have been better had it been introduced after a White Paper on health insurance. However, in general, I welcome most of its provisions.

The Minister said that the growth of the VHI has been such that membership is now 1.3 million or 35 per cent of the population. Is this due to fear or value for money? One knows that when one has private health insurance one can jump the queue, as it were. However, the VHI has done a good job so far in many, although not all, respects.

The Minister says he will remain the 100 per cent shareholder. Will continued State ownership of the VHI put the State in the position of being an operator in the health insurance market while, at the same time, being the regulator and effective manager of the health sector? Surely there is a conflict of interest there. Perhaps the Minister would explain the position further.

The Minister also said that he is disposed towards supporting and developing attractive and imaginative products aimed at enhancing the VHI membership and revenue. That is a welcome development. A number of areas could be covered by the VHI which are not covered at present. Cosmetic plastic surgery and infertility treatment are not covered but I am aware that at least one hospital in Dublin is carrying out silicone breast implants under the guise of necessary surgery. That is an abuse of the system. Such things weigh the costs for people who need necessary treatments. If people want cosmetic surgery they should have to pay for it out of their own pockets unless it is absolutely essential for their well being.

Other treatments could be covered. There is, for example, an established cure for Parkinson's disease, a very debilitating condition. It is provided in America and Sweden and I am in direct contact with a gentleman from my home town of Killybegs who had this operation. It was very successful and cured the condition. There is no funding for this from the VHI. I understand the VHI would be unable to pay for somebody who wishes to ramble around the world for unproven operations but the VHI should look at covering operations which have proven to be effective and can be provided only in another country.

I would also like to see the VHI more involved in primary health care, for example, covering the fees of psychologists who do a great job keeping patients out of hospital. Within hospitals psychologists do much the same work as psychiatrists whose fees are covered while the psychologists' are not. It is worth noting in this regard that many of the therapies used — for example, behaviour therapy, cognitive therapy, reality therapy and so on — were founded by psychologists and not by other professions.

The composition of the board is extended from five members to 12. Although I believe small is beautiful I have no problem with that decision. I agree with the Minister in one regard — I am a health care professional and two such professionals on the board are more than enough. I doubt that people who are health care professionals know much about insurance and this is, after all, an insurance company. Too frequently they get involved in inappropriate areas. A good friend of mine owns a large number of private health care facilities in the United States. He has a degree in hospital administration but he is not a doctor or anything else in that area and he runs fantastic hospitals. The Minister is wise in making this decision.

Confidentiality is an important aspect of this Bill. Too frequently calls are made by solicitors in claims cases or whatever looking for delicate information without the permission of the patient. I am glad to see that this cannot be done under the Bill. I also agree with the Minister that there is no need for a statutory body to examine complaints. The members advisory council should be given a chance and the Ombudsman can take care of many such complaints anyway.

The Minister said he is fully committed to preserving an equitable and effective system of community rating in the interests of all our people. He also agreed to the principles of open enrolment and lifetime cover. These are welcome provisions but I remind the Minister that the VHI is not always everything it is said to be. It has a number of problems from time to time.

Senator Henry referred to relations between the VHI and hospitals. The Minister is aware that 19 hospitals are members of the Independent Hospitals Association of Ireland and they have not yet been able to conclude an agreement with the VHI this year. The primary concern of these hospitals is the health and well being of their patients. I am concerned that the VHI has threatened to partially participate hospitals that do not succumb to its demands. This is an abuse of its monopoly position. It is also anti-competitive.

If partial participation is imposed, patients will be billed for their hospital treatment and will only be able to recover part of the cost from the VHI. This will have serious implications for patients. Indeed, some people might decide not to avail of VHI cover and opt for public hospital treatment, thereby increasing the financial cost to the Exchequer. Partial participation could threaten the very survival of some private hospitals. I am deeply concerned that there is an annual ritual of unwarranted aggravation by the VHI, who play this aggravation out month by month.

The VHI estimates that costs will rise this year by 3.5 per cent. The Independent Hospitals Association is seeking an increase of 3.5 per cent to cover increased costs. The VHI has been giving misleading information when it says that private hospitals are seeking a higher increase; that is not the case. The VHI is muddying the water by quoting higher figures which include specific requests by a few individual hospitals for the introduction of new services or the purchase of new equipment.

Another problem is the issue of cover for 180 days for general care versus 40 days for psychiatric care. This discriminates against psychiatric patients. Why should somebody with a mental illness be covered for 40 days when a person with a serious physical illness is covered for 180 days? There is no logic in that and it is grossly discriminatory.

I am sure the Minister, who retains 100 per cent interest in this body, will look at these problems and, knowing him as I do, he will give them his attention. I do not wish to criticise the Minister because the Bill is good and he has done good work introducing it. However, I ask him to bear in mind the problems the VHI create for people in the health care area. It would be lovely if there was some way in which costs — when they are established — could be paid out in order to avoid the aggravation that goes on year after year with some hospitals.

I also hope the Minister will look at the cover aspects. There are abuses in the system; I have mentioned one of them but there are others. When consultants abuse the system costs are raised for everybody else. This should not happen but it is a fact of life.

In general, the Bill is good. It is not a long Bill but it is important. I am glad to see it before the House and I congratulate the Minister on introducing it.

Limerick East): I thank Senators for their general support of the Bill. This Bill is one of three important legislative measures. One is the Health Insurance Act, 1994, which implemented the EU directive on non-life insurance and effectively laid out the statutory ballpark for any company that wishes to offer health insurance in Ireland in competition with the VHI. I have already explained the import of this second Bill in the context of competition. The third are the health insurance regulations to which Senator Lydon referred and which I should be in a position to promulgate in the Oireachtas shortly. The health insurance regulations were published last March in draft form for discussion purposes. There have been many submissions from interest groups and the public and one of the significant issues which has arisen is the issue of psychiatric care and the number of days allowed. We have approached the EU Commission with a view to enhancing the provision for psychiatric care and matters are reaching a conclusion in Brussels. I will be in a position to bring in before long satisfactory regulations which will be welcomed by the Houses of the Oireachtas.

The contributions made today demonstrate a shared desire and concern for the future of the VHI. People realise it is a very important asset to the country and want its future secured. It must progress as a financially sound undertaking. The 1957 legislation which instituted the VHI obliges it to balance its books. Although it is a non-profit organisation it must pay its way. Premium income must meet the costs of the outgoings. There may be other more radical ways of changing the VHI than I have proposed in this Bill, but orderly and measured change is what the VHI's circumstances need.

A commitment and determination exists on my part to explore and implement such further change as may be identified as beneficial to the VHI, but before I would proceed to do so I would like the benefit of the advice of a larger board which would bring in actuarial, management and accounting skills, all the skills necessary for a modern insurance company. After the new board has settled in and evaluated the situation, I am prepared to listen to any advice it might put forward with regard to changing the corporate structure in line with the recommendations of the review group. It recommended that while the Minister should continue to be the 100 per cent shareholder, there should be a change in the corporate status. It will, in effect, bring the VHI into line with the structures we have in Telecom Éireann and An Post which are more removed from ministerial control and allow more freedom in the exercise of functions.

Senator Farrell made a number of interesting points and his experience on the health board is shared by many of us. I am glad of his support for the composition of the board which limits the number of health providers on the board. Many of us have had the experience on health boards that however excellent the medical or sectional representation may be, they have divided interests — they are expected to represent their interest groups on one hand and that may frequently conflict with their overall functions as members of a board. Such experience on a health board has convinced me that we should limit the number of health providers on the board of the VHI.

I do not agree with Senator Farrell that we should move totally to a private system of health care and have a contracting in system. We have to retain the mix of public and private. We can see from the experience in the UK and other countries that a total or near total dependence on the public or private system is self-defeating. We have succeeded in developing the health services in a systematic way, benefiting from the mix of public and private systems, and that is how I propose to continue.

Senator Doyle raised the matter of the reduction of income tax relief on VHI premiums. As he has pointed out, in the 1994 budget the then Government announced that income tax relief on health insurance premiums would only be allowable at the standard rate. This approach to taxation was recommended by the Commission on Taxation, the Culliton group and by the NESC. The argument has been put forward that discretionary tax reliefs should be curtailed and when they are provided it should be at the standard rate so as to be of equal benefit to all citizens. I was not in Government at the time that decision was taken but the decision taken in 1994 was phased in and that is continuing this year when there will be a further reduction in tax benefit. I have no proposal, and I understand the Minister for Finance has no proposal, to change that.

A number of people queried the cost and the level of premia which have been applied. For the information of the House it is worth noting that an increase in VHI premium of 15 per cent, which is very high, was implemented in that last two years in two phases — 9 per cent in August 1994 and 6 per cent in September 1995. The August 1994 increase was stepped so that plans C, D and E, which comprise 20 per cent of VHI members, were increased by 9 per cent and 12 per cent and plans A and B, which comprise 80 per cent of the members, were increased by between 6 per cent and 9 per cent.

The September 1995 increase was the first and only increase during my period as Minister for Health. It was indicated to me in July last that is was proposed to make a 6 per cent increase from 1 September 1995 and I concurred with that proposal. As Senators will note, the Bill will change the statutory responsibility on the VHI. To date there was a formal procedure whereby it informed the Minister of an increase as a matter of courtesy. Once informed, there was nothing a Minister could do but acknowledge receipt of the information. I am taking a formal statutory power under this Bill to reject an increase. The mechanism will be that the VHI will indicate to the Minister it wants to increase premia. If the Minister does nothing, after a short waiting period the premia are increased. If the Minister intervenes he can veto an increase, or in the normal course of negotiations the Minister can ask the VHI to modify its proposal and resubmit it.

I referred to the composition of the board. I am aware the Leas-Chathaoirleach has made a case for a stronger representation of service providers. Two service providers is probably adequate on a board of 12 people. I would be afraid of a situation arising in which a board would become totally representational. One should consider the pressures on the Minister for Health from the different sectors — the consultants association, the IMO, the GPs, administrative staff in hospitals, the nurses organisation and unions will all look for membership. One could easily end up with eight to ten representatives of service providers on the board of the VHI with a conflict of interest which is not necessarily in the interests of the consumer. It is important to have the experience of the service providers on the board, but I do not want them to dominate the board and I do not want the board to be representational. I want it to be akin to a board one might find in the private sector running a private insurance company, a commercial enterprise. It is those skills, rather than health provision skills, which are needed in addition to the service providers.

A membership of 12 is appropriate and five members would be too few. Senator Kelly referred to representation of women and that will be taken into account. There is a directive from the Minister for Equality and Law Reform that at least 40 per cent of a board would be women. At present two of the five are women so the 40 per cent level is matched. I hope that level will be maintained on the restructured board.

Senator Farrell raised the issue of how astronomical increases occurred over a 15 years period. I gave figures in my speech for the budget of the VHI which was about £22 million in 1980 and was £220 million 15 years later. Senator Henry has effectively replied to that and pointed out all the developments in medicine that have taken place in the meantime. Indeed, you made the point very forcibly, a Leas-Chathaoirligh, that there was not very good health care in the 1950s. It had improved by the 1960s, 1970s and 1980s and is improving all the time. The service is significantly better now across the population. That is a factor, apart from the high cost of new technology and the increased demands on the service.

A story which runs quite frequently in the newspapers was touched on again by a number of Senators here. It is to the effect that when the market was opened, insurance companies would come from abroad and cherrypick the market. They would offer insurance to the young, who by definition are healthy and low-risk, and would refuse cover to the elderly and the high-risk. Under the 1994 Bill it is illegal to do that. Anybody offering insurance on the market has to agree to the principles of community rating and will have to offer open enrolment and lifetime cover. This is effectively a subsidy between the generations. We look after our children and, when they come to working age, they pay a VHI contribution which subsidises the older people in the population. In due course as they get older themselves they will become significant beneficiaries. That is not to say that young people do not become sick, do not have to go to hospital, do not need cover; we are talking in general terms. This item of policy is enshrined in law and neither the VHI nor any other insurance company can come in and cherrypick the market because it would be illegal. I am not proposing any change to that situation.

Senator Farrell again asked about cash products. Some of the competition will provide cash products in the market, so the VHI has to be positioned to do that as well. The VHI in future could perhaps pay an amount towards out of pocket expenses arising from an episode of illness. A fixed daily sum rather than a full indemnity could be provided towards the cost of a hospital stay, but the general policy will be to continue with indemnity products rather than to provide partial cover by way of cash payments. It will be a matter for the VHI to explore the appropriate cash products and to make proposals to me in this regard. Under the terms of the Bill, the consent of the Minister for Health is required for the implementation of new schemes.

I commend Senator Doyle's recommendation to the VHI. Many of us have children moving into the workforce and it is usual to ask the VHI to take those children off the family cover. Any company with any awareness of marketing would immediately write to those being taken off cover and ask them to take out personal cover, or they would find out where they were working and ensure that they were encouraged to join the group scheme at their place of work. Significant numbers of young people slip out of VHI cover, have no cover for quite a while and are then attracted to some of the flashier products on the insurance market, which do not give them full indemnity but which might give them full cash benefit and which might also give them the impression that they are fully covered when they are not. I am very conscious of that. If competition comes into the market it will be market driven but it will also be marketing driven.

Consumers should be very careful to find out what is actually in the package they are paying for. It would be very easy to give someone aged 25, with that feeling of invincibility we all had when we were 25, the impression that they have full and adequate cover when they do not. The VHI will have to watch for that as well. All insurers will have to be clear on what they are offering to their members and will have to explain their products publicly. Experience of health insurance operations elsewhere suggests that small print is often overlooked by the consumer and that companies can abuse their position. Under the regulations which I referred to under the Health Insurance Act, 1994, I have powers to regulate advertising and promotion of health insurance business if there is a problem for consumers. I will keep a close eye on it and I will do so if necessary.

My Department has established very close links with the Insurance Ombudsman in regard to health insurance and these contacts will continue. It is noteworthy also that the terms of reference of the recently established VHI members' advisory council includes reviewing all communications, including product terms, with VHI members, and suggesting ways in which they can be improved. The VHI will have to engage in expert marketing in the future to maintain their share of the market.

Senator Farrell made the point that the objective is not to drive the VHI's share of the market from 35 per cent of the population up to 50 per cent of the population, but to maintain the age-balance within its share of the market so it does not end up with all the high risk older people and very few young people. Balance is the key factor for the future of the VHI rather than the actual proportion of the market it commands. This message will have to be communicated to future members, together with the message that the VHI, as all Senators have acknowledged, provides an excellent service. While we have complaints from time to time, in general terms if we were asked to rate the VHI as a health insurance agency we would say that it provides a very good service.

The point was raised by you, a Leas-Chathaoirligh, about the difference in payments to private and public hospitals and private wards in public hospitals. There is a subsidy. VHI insurance is deemed to cover the total cost of health care in the private hospitals. I know there is an argument about some consultants not accepting full and final settlement — although over 90 per cent of consultants have now accepted this — but in general terms it is the intention of the VHI to cover the total economic cost of the patient in the private hospital within the limits of whatever plan the patient has subscribed to.

The situation in the public hospital is different. Effectively it is a contribution from VHI to top up an existing situation and it does not cover the economic cost. That explains the discrepancy. There are other benefits. If people pay for private care, to one degree they are privileged; but they are also freeing resources on the public side which public patients can then use. It is not a straight line sum and the compatible mix of public and private is very important.

Senator Henry talked about the VHI covering maternity cases and Senator Kelly referred to the arrangements that are in place for maternity cover. Whatever about the necessity for covering maternity care, arguments could be made in terms of marketing for covering maternity care as this would ensure that children are covered when they are born and that the family base of VHI, which depends on including young and old in the family schemes, remains in place. If one thinks of it as a piece of effective marketing rather than a decision based on medical necessity or social necessity, it makes more sense.

I agree with the Senator that the rules have changed with a degree of frequency that has confused expectant mothers about whether they are covered or not. More information will have to be provided; this will be one of the major benefits of competition. The people who have exercised a monopoly up to now will have to sharpen up. They will have to provide better information as well as a better service to the consumers.

I thank all the Senators who contributed and I thank you all for the general welcome the Bill has received.

Question put and agreed to.
Committee Stage ordered for Thursday, 29 February, 1996.
Sitting suspended at 1 p.m. and resumed at 2 p.m.
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