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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

11/09/2018

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.