Talk Quesada forum

This is good info from Jim.

The new law on the right to health of all residents, promised some weeks ago by the minister of health Carmen Montón, came into effect on the 31st July.
Because of its potential importance, I'm going to examine the law in some detail.
Preamble:
The preamble at first is encouraging, referring to, for examples:
1). ....to guarantee the right to health protection and health care, under the same conditions, to all persons who are in the Spanish State.
My comment: live here, you get health cover.
2a). ...the right to health protection and health care for all people, regardless of their nationality, who have established their residence in Spanish territory, including those who, in application of the Community regulations or bilateral agreements have access to it in the form that these provisions indicate.
2b). The new model ... is linked to residence in Spain
My comment: the above appear comprehensive, but leave the possibility that residence could be regarded as legal residence, i.e. having a residency certificate.
3). ...health care provided to foreigners not registered or authorized as residents in Spain reinforces European policies that seek to protect the most vulnerable groups in terms of social assistance.
My comment: this seems to provide some reassurance regarding my previous comment.
4). On the other hand, competence in relation to the recognition of the right to health protection and health care is attributed to the Ministry of Health, Consumption and Social Welfare.
My comment: I don't like clauses of this nature, and this one seems to give the Ministry of Health some leeway in how they effect the law.
5). ...criteria are established ... such that assistance will be charged to public funds provided that there isn't a third party obliged to pay, or who does not have the obligation to prove compulsory coverage by other means, or who cannot export the right to health coverage from their country of origin...
My comment: This is where it gets tricky. Ley 14/2013 states that one of the requisites for registering as a resident is that the applicant must: have a public or private health insurance... This seems to be an obligation to prove compulsory coverage by other means. If this interpretation is correct, then anyone who hasn't got an S1 will still need private health insurance in order to register as a resident.
Body of the law:
1). All ... foreigners who have established their residence in Span have the right to health protection and health care.
My comment: OK so far.
2). ...the holders of the aforementioned rights must be in one of the following cases:
Be a foreigner with legal ... residence ... and not having the obligation to prove the compulsory coverage of health care by other means.
My comments: The reference to legal resident could be taken as meaning that you have to have a residency certificate, and not having the obligation would seem to rule out anyone who has to apply for residency. Things are starting to look decidedly iffy.
3). Those persons who according to section 2 do not have the right to healthcare under public funds, may obtain said benefit by paying the corresponding consideration or fee derived from the subscription of a special agreement.
My comment: The words used for special agreement are convenio especial, which opens the possibility that one could buy into the Valencian Convenio Especial straight away, without having to wait twelve months from taking up residence, an option that might be cheaper than private health insurance and would give full cover, including for pre-existing conditions.
There are further provisions of the law, but none of these in my opinion warrants discussion here.
My conclusions:
Provided the law relating to registering as a resident is not amended to remove the need to prove health cover, then I don't think this new law is going to help any of us.
However, I haven't yet seen an instruction issued by Valencia to their health centres. Because Valencia have repeatedly stated that they will provide free health cover to everyone, then it will be interesting to see how they react to the new law.

Thank you very much for this interesting read.

So does this mean you need full paid for private health insurance, the same as before, (unless you have a s1) in order to get official residency, but after legal residency is obtained, you are entitled free health care?

Roach wrote:So does this mean you need full paid for private health insurance, the same as before, (unless you have a s1) in order to get official residency, but after legal residency is obtained, you are entitled free health care?

Looks like it but personally I would have the private health also if you can afford it!

I’ve been waiting for some clarity on this, looks like there may be some interpretation to be added. Interesting and thanks Jim. Will watch for updates ref Valencià region as you say.

Does it mean pensioners have to get private medical?

Chrisdee wrote:Does it mean pensioners have to get private medical?

No they will just be shot. LOL

I've extracted Jim's comments and conclusions below, as people seem to have drawn different conclusions.

As I read Jim's conclusions:

- people who qualify for an S1 (those of UK State Pension age and younger people who are in receipt of an "Exportable Benefit"): will continue to receive reciprocal healthcare - NO CHANGE.

- people who do not qualify for an S1: there has been no change to the wording for the requirement to have Private Health Insurance for Residency applications - NO CHANGE (unless, as yet unpublished directive from the Valencian Regional Government amends this).

- paying into the Convenio Especial is generally cheaper (Eu 60 per person, per month) than the level of PHI cover required for Residency applications, but currently PHI is still required for Residency applications - NO CHANGE (unless, as yet unpublished directive from the Valencian Regional Government amends this, allowing ex-pats to buy into the Convenio Especial prior to having Residency for 1 year). This is the only area where I see an advantage to those of us who don't currently qualify for an S1, in that we may be able to pay into the C.E. before applying for Residency and thus reducing the cost and also the requirement to buy the first year of PHI in full in advance.

So my interpretation is that nothing has changed and won't do unless the Valencian Regional Government issue their own directive.

Regards,
Paul


EXTRACT OF JIM'S COMMENTS AND CONCLUSIONS:

"The new law on the right to health of all residents, promised some weeks ago by the minister of health Carmen Montón, came into effect on the 31st July. Because of its potential importance, I'm going to examine the law in some detail.

"Preamble:

My comment: the above appear comprehensive, but leave the possibility that Residence could be regarded as legal residence, i.e. having a residency certificate.


"My comment: This is where it gets tricky. Ley 14/2013 states that one of the requisites for registering as a resident is that the applicant must: have a public or private health insurance... This seems to be an obligation to prove compulsory coverage by other means. If this interpretation is correct, then anyone who hasn't got an S1 will still need private health insurance in order to register as a resident.

"Body of the law:
My comments: The reference to legal resident could be taken as meaning that you have to have a residency certificate, and not having the obligation would seem to rule out anyone who has to apply for residency. Things are starting to look decidedly iffy.

"My comment: The words used for special agreement are Convenio Especial, which opens the possibility that one could buy into the Valencian Convenio Especial straight away, without having to wait twelve months from taking up residence, an option that might be cheaper than private health insurance and would give full cover, including for pre-existing conditions.

There are further provisions of the law, but none of these in my opinion warrants discussion here.

"My conclusions:
Provided the law relating to registering as a resident is not amended to remove the need to prove health cover, then I don't think this new law is going to help any of us.
However, I haven't yet seen an instruction issued by Valencia to their health centres. Because Valencia have repeatedly stated that they will provide free health cover to everyone, then it will be interesting to see how they react to the new law."

Thank you