2. — (1) In this Act, save where the context otherwise requires—

F5["Act of 2001" means the Health Insurance (Amendment) Act 2001;]

F6[…]

F7["authorised officer" means a person appointed under section 18E to be an authorised officer;]

“the Authority” means the Health Insurance Authority established by section 20 ;

F8["community rated health insurance contract" means a health insurance contract which complies with section 7(1) or which would comply with that section but for its falling within section 7(5) or 7A;

"community rating" means measures which, whether in whole or in part, apply towards the achievement of the principal objective F9[…];]

F10["day patient service" means a health service provided in, or by persons attached to, a hospital in the following circumstances—

(a) the patient concerned is admitted on an elective basis for care or treatment or both,

(b) such care or treatment does not require the use of a bed overnight, and

(c) the patient is discharged as scheduled;]

F11["effect", in relation to a health insurance contract or other agreement, means to enter into or renew such contract or agreement, as the case may be;]

“establishment day” means the day appointed under section 19;

F7["frequency of provision of health services" includes history of health insurance claims;]

F12["functions" includes powers and duties and references to the performance of functions include, as respects powers and duties, references to the exercise of the powers and the carrying out of the duties;]

“health benefits undertaking” means a person (including a body established under the laws of a place outside the State) carrying on health insurance business;

“health insurance business” means the business of effecting health insurance contracts;

F13[“health insurance contract" means, without prejudice to section 2A, a contract of insurance, or any other insurance arrangement, the purpose or one of the purposes of which is to provide for the making of payments by an undertaking, whether or not in conjunction with other payments, specifically for the reimbursement or discharge in whole or in part of fees or charges in respect of the provision of hospital in-patient services or relevant health services, but does not include—

(a) a contract of insurance, or any other insurance arrangement, the sole purpose of which is to provide for the making of payments, directly to the person who effected the contract or entered into the arrangement or to any of the persons named in the contract or the arrangement, by an undertaking in respect of sickness, injury or disease of amounts calculated by reference only to the duration of—

(i) the sickness, injury or disease, or

(ii) the treatment of the sickness, injury or disease,

or

(b) a contract of insurance, or any other insurance arrangement, the sole purpose of which is to provide for the making of payments by an undertaking, to or on behalf of a dependent person (within the meaning of the Health (Nursing Homes) Act, 1990), in respect of the provision, other than as hospital in-patient services, of nursing care to such a person, or

(c) F14[…]

F15[(d) a contract of insurance, or any other insurance arrangement, the purpose of which is to provide for the making of payments specifically for the reimbursement or discharge of fees or charges in respect of the provision of hospital in-patient services or relevant health services to persons or any dependants of any of them and one of the following conditions is satisfied—

(i) neither the said persons nor any such dependants are ordinarily resident in the State, or

(ii) where any of the persons to whom the said contract or arrangement relates are temporarily resident in the State during the subsistence of the said contract or arrangement—

(I) those persons are so resident solely for the purpose of carrying out their duties as employees, and

(II) those persons constitute not more than—

(A) 20 per cent of the total number of persons (other than dependants of them) to whom the said contract or arrangement relates, and

(B) 20 of the total number of persons employed in the State by the one person;]]

“health services” means medical, surgical, diagnostic, nursing, dental, chiropody, chiropractic, eye therapy, occupational therapy, physiotherapy or speech therapy services or treatment or services or treatment provided in connection therewith, or similar services or treatment;

F13["hospital in-patient services" means in-patient services within the meaning of the Health Act, 1970, and includes any day patient service;]

F7["health risk status", in relation to any person (howsoever described), includes—

(a) the present use of, or likely future use of, hospital services by the person,

(b) the sexual orientation of the person, and

(c) the suffering or prospective suffering of the person from a chronic illness or other medical condition or from an illness or medical condition of a particular kind;]

F5["in-patient indemnity payment" means any payment made pursuant to a health insurance contract by a registered undertaking for the purposes of reimbursing or discharging, in whole or in part, fees or charges in respect of the provision of hospital in-patient services.]

F16[“net premium" —

(a) in relation to a health insurance contract effected for a period other than a period commencing on or after 1 January 2013, means the premium payable under the contract in respect of an individual in any year of assessment after—

F17[(i) excluding the effect (if any) on the premium, for that year of assessment, of section 470 of the Taxes Consolidation Act 1997, and]

(ii) the deduction (if any) made from the premium to which the individual is entitled, for that year of assessment, by virtue of section 470B of the Taxes Consolidation Act 1997,

(b) in relation to a health insurance contract effected for a period commencing on or after 1 January 2013, means the premium payable under the contract in respect of an individual in any year of assessment after—

F17[(i) excluding the effect (if any) on the premium, for that year of assessment, of section 470 of the Taxes Consolidation Act 1997, and]

(ii) taking into account the part (if any) of the premium which the individual is entitled not to have collected from the policy holder concerned, for that year of assessment, by virtue of section 11C(1);]

“the Minister” means the Minister for Health;

“out-patient services” has the meaning assigned to it by section 56 of the Health Act, 1970;

F13["premium" has the meaning assigned to it by the Insurance Act, 1936, and, in relation to a health insurance contract, includes any payment made to the undertaking concerned in respect of each person party to or named in the contract;]

“prescribed” means prescribed by regulations made by the Minister;

F7["principal objective" means the principal objective specified in section 1A(1);]

“quarter” means a period of three months ending on the 31st day of March, 30th day of June, 30th day of September or 31st day of December;

“registered”, in relation to an undertaking, means registered in the Register and cognate words shall be construed accordingly;

“the Register” means the Register of Health Benefits Undertakings established under section 14 ;

“the Registrar” means the Registrar and Chief Executive of the Authority;

F10["relevant health services" means out-patient services, general medical practitioner services and services consisting of the supply of drugs or medical preparations;]

“restricted membership undertaking” means an undertaking which effects health insurance contracts with its members and the membership of which is restricted to persons and their dependants of a common vocational, occupational or other group or class;

F9[…]

F7["risk equalisation credits" has the meaning assigned to it by section 6A(1);]

F7["Risk Equalisation Scheme" shall be construed in accordance with section 11A;]

F9[…]

“undertaking” means a health benefits F8[undertaking;]

F11["year of assessment" has the same meaning as in section 2 of the Taxes Consolidation Act 1997.]

(2) (a) In this Act a reference to a section or a Schedule is a reference to a section of, or a Schedule to, this Act unless it is indicated that reference to some other enactment is intended.

(b) In this Act a reference to a subsection, paragraph or subparagraph is a reference to a subsection, paragraph or subparagraph of the provision in which the reference occurs unless it is indicated that reference to some other provision is intended.

(c) References in this Act to any enactment or to regulations are to any such enactment or regulations as amended.

F7[(3) In this Act a reference to—

(a) a disease includes a reference to an illness, and

(b) an illness includes a reference to a disease.]