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According to the Constitution Court, both large and small employers should have the possibility to influence the management of health insurance companies
On 11 September 2018, the Constitutional Court of the Czech Republic ruled on abolishing a part of Section 10(3) and (5) of the Act on Employee Health Insurance Companies. A group of 19 senators was successfully represented by attorney Štěpán Holub of the law firm Holubová advokáti. Now both large and small employers will be able to influence the operation of health insurance companies. Policyholders who are not associated in trade unions will also have the same possibility to influence the management of health insurance companies.
Article 10(3) is currently worded as follows: "The Board of Trustees of an employee health insurance company shall comprise five members appointed by the government and ten members elected from the ranks of the policyholders of such employee health insurance company by the employer and by the policyholders of the employee health insurance company in the following way: five members shall be elected from the candidates submitted by the employers’ representative organisations and five members shall be elected from the candidates submitted by the representative trade union organisations. The members of the Board of Trustee appointed by the government shall be appointed and recalled by the government on the proposal of the Ministry of Health. The method of election and the electoral rules shall be laid down by the Ministry of Health by decree.”
The new wording is as follows: "The Board of Trustees of the employee health insurance company shall comprise five members appointed by the government and ten members elected from the ranks of the policyholders of this employee health insurance company by the employer and by the policyholders of the employee health insurance company. The members of the Board of Trustee appointed by the government shall be appointed and recalled by the government on the proposal of the Ministry of Health. The method of election and the electoral rules shall be laid own by the Ministry of Health by decree."
Similarly, part of paragraph 5, which addresses the appointment of representatives to the Board of Trustee from the ranks of health insurance companies has been deleted.
The Constitution Court has deferred the force of the ruling until 30 September 2019. Of course, the question now is how the legislator will respond. If he does not respond, “equal” election into the bodies of health insurance companies will begin as of 2019.
Further information and the text of the ruling of the Constitution Court can be found on the website of the Constitution Court.
A press conference will be held in the offices of Holubová advokáti s.r.o. at 10:30 a.m. on 12 September 2018.
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Jasper Brinkman
Jasper Brinkman
"Following a devastating hotel fire in Prague, the law firm Holubová advokáti, led by attorney Klara Dvorakova, successfully represented our extended family as a group of victims. The firm navigated complex international insurance and compensation laws to defend our rights.
I would like to acknowledge the extraordinary efforts the firm had to make to bring our case to a successful compensation under extremely difficult circumstances."
Stewarts
Stewarts
"A visit to her daughter in London turned Eva's life upside down when she says she stepped into a crossing on a green light but was hit by a car. Despite her remarkable bravery, she faced a long treatment due to fractures in her pelvis, and the associated limitations and pain are likely to persist for the rest of her life. Regular headaches and impaired concentration compound her challenges.
Eva contacted us through an organization temporarily helping her manage her difficult living situation. At that time, she was destitute, relying only on subsistence payments. We were able to assist her because we specialize in personal injury and have contacts with proven colleagues abroad.
We worked with Stewarts, a UK law firm, on this case. Attorneys Klára Dvořáková and Rebecca Huxford helped Eva with the documentation in her case, explaining her options and the differences between the Czech and British systems of healthcare and social benefits reimbursement. Within a few months, thanks to the professional cooperation between the two offices, an offer of compensation from the insurance company of approximately CZK seven million was achieved. The client accepted this settlement because she did not want to deal with courts in the United Kingdom.
Subsequently, we assisted the client with related tax issues and contacted Auditone, a tax consultancy firm, which arranged for the filing of a tax return. Compensation for lost income is taxable, unlike most personal injury compensation.
'No one has done as much for me as you,' Eva said.
The fact that we were able to help Eva gives our work meaning and brings us great joy. We are very happy that, thanks to our many years of active involvement in the international professional organization PEOPIL, we can cooperate on such cases."