The final Law Update of 2022 is here, and it’s packed full of articles. The double edition features two focus areas, first is a spotlight on Energy and Resources and second we feature a collection of articles on Transport and Logistics. The developments occurring in these sectors in the MENA region are unprecedented and our lawyers cover vast themes for you.
The Energy and Resources focus features topics such as diversifying energy resources, solar PV, mining in the Middle East, renewable energy and green hydrogen. From a transport perspective, we draw attention to the Bahrain metro project, discuss the challenges and remedies associated with the repossession of an aircraft, and there is advice on what to consider should a party vary the terms of a shipping contract.
This edition navigates you through updates from across jurisdictions such as, Oman, Jordan, Saudi Arabia, Egypt, Iraq, Qatar, and the UAE. Each article is timely and provides insights into legal issues and cases that are affecting these sectors across the region.Read the full edition
After a long back and forth between the legislative and executive branches of Government, Law No (23) of 2018 Issuing the Health Insurance Law (‘HIL’) finally saw the light of day after receiving royal assent on 30 May 2018.
In line with Goal three of the United Nation’s Sustainable Development Goals, ‘Good health and well-being for people to ensure healthy lives and promote well-being for all at all ages’;, the Kingdom of Bahrain (‘KOB’) has introduced a universal health coverage scheme giving patients the freedom of selecting their caregiver of choice. This pragmatic approach to healthcare will be funded by an health insurance fund cumulating its capital from diverted citizen allocations and annual subscriptions paid by or on behalf of foreigners and their subjects. Military personnel and diplomats are to be alternatively covered in lieu of the national scheme by their respective employers.
Article 4 of HIL dictates the establishment of the Health Insurance Fund (‘Fund’) governed by the Chairman, Ministers of Health, Finance, Labour and five elected members chosen by the Supreme Council for Health (‘SCH’) These board members are vested with the prime mandate of bankrolling health benefits for subscribers to the proposed health insurance scheme. The Fund, as an entity, has been tasked with the following:
The Fund shall primarily rely on appropriations allocated by the government and its return on investment in order to finance the abovementioned mandates. A percentage of licensing fees collected by the National Health Regulatory Authority (“NHRA”) for the establishment or renewal of private health institutions will also be transferred to the Fund. Donations, subsidies and any other resources may be accepted subject to the Fund’s board of directors determining their concordance with the Fund’s objectives.
A key resolution will be issued by the SCH in coordination with the Central Bank of Bahrain laying down the provisions, rules and conditions of health insurance coverage and its valid term. Insurance providers would then be expected to register on a newly established Insurance Service Provider Register at the NHRA. Listed insurance coverage providers will be authorised to issue health insurance cards for each beneficiary. Health service providers licensed by the NHRA may participate in the provision of the services covered under the mandatory health registered insurance system by entering into contracts with registered insurance coverage providers to provide all or some of the health benefits to the beneficiaries.
With the instatement of the new regime, a series of elements will be put in place by the SCH to enable the steady functioning of this new method of providing healthcare. Under the auspices of the SCH, a tripartite alliance of data banks will prove key for administering the delivery of healthcare.
The Health Information and Knowledge Management Centre (‘Centre’) shall undertake the duties of collecting, analysing and processing health related data and authorising those permitted to process or receive health related data. The Centre will set up an online portal that interconnects insurance coverage providers and health service providers. The centralisation of data in one portal will aid the Centre in gathering information and statistics related to beneficiaries, providers of coverage and health service providers and their transactions, in order monitor and verify compliance with the provisions of HIL.
Each beneficiary shall have an electronic medical record containing all his or her data, particularly health related data as well as data that may be used as a basis for claiming financial benefits. A decision shall be issued by the SCH identifying such data, rules and guarantees to be contained in the record in order to ensure the protection and confidentiality of the recorded data.
The Centre shall link healthcare providers to the electronic medical record after being granted access by the SCH.
Comprising of a detailed nomenclature system of health related terms, medical coding and their definitions, these clinically coded terms are classified into categories and arranged in a special order to be a reference for healthcare institutions and insurers by using a standardised language that allows technical systems to receive, send, store, display, retrieve or process the dictionary contents.
Section (2) of the HIL states that mandatory health insurance shall apply to all national citizens, residents and visitors. Non Bahraini women who married Bahraini men, sons of Bahraini women married to non Bahraini women fall within the category of national citizens who are entitled to mandatory health insurance.
An employer shall cover his non Bahraini employees with the mandatory health insurance, in addition to their dependents of their family members, in case the employment contract provides for this, through the conclusion of a health insurance contract with any of the insurance coverage provider.
The Fund will cover mandatory health insurance subscriptions for national citizens and the equivalent as well as for non Bahrainis who hold positions in any government body. Residents and expatriates with valid subscriptions under the mandatory health package will have access to insurance coverage under the mandatory health insurance.
Unemployed residents, authorised workers without employers (i.e. flexi permit holders), sponsors and visitors are expected to pay the subscription in order to receive health coverage for themselves and dependents.
Article (37) of the HIL lists the following preventive, therapeutic and rehabilitative services and medical examinations assured by the coverage items.
Mandatory coverage will also cover prescribed medication. A voluntary insurance package may also be purchased at a subsidised rate for national citizens and residents from an authorised health insurance provider.
Where does this leave government health care providers?
The HIL has stipulated governance by trusteeship for government health institutions. The board of trustees will be tasked with managing the affairs of government health institutions, in line with the KOB’s national health policy and the health insurance financing system. This newfound independence will place government hospitals in the private sphere of competition, placing higher demand on quality and administration of care.
If and when a violation is proven, the NHRA shall order the offender to cease and eradicate the effects of the offence immediately or within a set period of time. Subject to non compliance, an adequate justification shall fine the violator with one of the following actions set out under Article (76):
The Central Bank of Bahrain and the Labour Market Regulatory Authority shall take over the competencies and authority of inspection, investigation and accountability in relation to any regulatory violations committed by the insurance coverage providers or an employer in contravention to their obligations.
The law has stipulated for very person who i) deliberately submits false, misleading or contrary information on records or documents at his disposal to; or ii) withholds any data, information, records or documents that he shall furnish or allow access thereto to perform the function of the SCH or to the Centre; or iii) hinders the NHRA’s inspectors from performing their work, or obstructs any investigation performed by the NHRA, a fine not less than 500 Dinars and not more than 50,000 Dinars. In cases other than recidivism, the offences set above may be compounded by paying the minimum fine provided in accordance with the controls and procedures to be set by the SCH.