I propose to take Questions Nos. 6 and 98 together.
The business of private health insurance in this country is regulated by the Health Insurance Act, 1994, and the Health Insurance Regulations, 1996. The legislation provides for "open enrolment" which obliges insurers to make cover available to persons under the age of 65, regardless of whether they were previously covered; "community rating" which requires that insurers must charge the same premium for a given level of cover, regardless of a person's age, sex or health status; and "lifetime cover" which provides that cover made available cannot be cancelled by the insurer, except in limited exceptional circumstances.
The position regarding first time private health insurance cover in the State for over 65 year olds, as set down under the legislation, mirrored the circumstances obtaining in the market prior to the enactment of the Health Insurance Act, 1994.
In particular, the present framework reflects the fact that our system is based on community rating. As there is a correlation between age and the utilisation of hospital services, a community rated system cannot work effectively if individuals wait until they get to an age where they know they are more likely to avail of the benefits provided under health insurance cover before deciding to contribute to the system.
It is a matter for registered insurers to decide whether to provide cover for a person of or over the age of 65 years who is seeking access to our community-rated private health insurance system for the first time. Insurers are not prevented from offering cover to persons aged 65 or over. However, if an insurer decides to make available such cover it must do so on the basis of community rating and lifetime cover. It may be that this is regarded by insurers as a disincentive to giving cover in such cases.
My Department is exploring all the options relating to our current regulatory framework in the context of the preparation of the White Paper on private health insurance and the specific issue of first time private insurance cover for persons over the age of 65 will be fully considered in this context.