Health Insurance Act 1994

F54[Obligation to make information returns to Authority.

7D

7D. — (1) A registered undertaking or former registered undertaking to which this subsection applies by virtue of subsection (4) shall, not later than 30 days (or such longer period as the Authority may permit in its discretion) after the expiration of each period of 6 months, the first such 6 months period commencing on 1 January 2009, make an information return to the Authority—

(a) in such form as may be prescribed, and

(b) subject to subsections (2) and (5), containing such information concerning the undertaking’s health insurance business or former health insurance business, as the case may be, during the period of 6 months concerned (in this Part referred to as the "relevant period") as may be prescribed.

(2) Subject to F56[subsections (5) and (6)], the information referred to in subsection (1) which may be prescribed includes—

(a) the total number of persons insured, or a class thereof, with the registered undertaking or former registered undertaking concerned during the relevant period,

F55[(b) the total number of persons insured, or a class thereof, in each age group, the gender profile of each age group, and the type of cover of each age group, in respect of the relevant period,]

(c) the total number of persons in each age group, or a class thereof, effecting health insurance contracts during the relevant period,

(d) the in-patient indemnity payments, or a class thereof, made by the registered undertaking or former registered undertaking concerned during the relevant period,

(e) information relating to the health insurance services provided during the relevant period, and

(f) such other information relating to the relevant period, other than personal data, which may reasonably be considered to be information which will enable or assist the Minister or the Authority to perform their respective functions under this Act.

(3) The information concerning a registered undertaking’s or former registered undertaking’s health insurance business or former health insurance business, as the case may be, to be contained in an information return may include information that came into existence before the enactment of this section.

(4) Subsection (1) applies to each undertaking that was a registered undertaking, but not a restricted membership undertaking, for all, or any part of, the period of 6 months concerned.

(5) The references in subsection (1) to health insurance business and former health insurance business shall not include so much of any such business which is comprised of health insurance contracts to which the relevant financial provisions do not apply, and the references to information in that subsection and subsection (2) shall be construed accordingly.]

F57[(6)(a) Where the benefits payable under a type of cover to which an information return relates have materially changed, regulations made under this section may require a registered undertaking or former registered undertaking to which subsection (1) applies to make separate information returns in respect of each material level of benefit.

(b) Regulations made under this section may require a registered undertaking or former registered undertaking to which subsection (1) applies to make separate information returns in respect of the sum of all types of cover to which an information return relates.]

Annotations:

Amendments:

F54

Inserted (19.07.2009) by Health Insurance (Miscellaneous Provisions) Act 2009 (24/2009), s. 9, commenced on enactment.

F55

Substituted (26.12.2012) by Health Insurance (Amendment) Act 2012 (45/2012), s. 12, commenced on enactment.

F56

Substituted (16.12.2011) by Health Insurance (Miscellaneous Provisions) Act 2011 (34/2011), s. 3(a)(i), commenced on enactment.

F57

Inserted (16.12.2011) by Health Insurance (Miscellaneous Provisions) Act 2011 (34/2011), s. 3(b), commenced on enactment.

Modifications (not altering text):

C1

Reference to personal data construed (25.05.2018) by Data Protection Act 2018 (7/2018), s. 165, S.I. No. 174 of 2018.

Reference to personal data in enactment

165. Subject to this Act, a reference in any enactment to personal data within the meaning of the Act of 1988 shall be construed as including a reference to personal data within the meaning of—

(a) the Data Protection Regulation, and

(b) Part 5.

Editorial Notes:

E50

Power pursuant to section exercised (30.03.2022) by Health Insurance Act 1994 (Information Returns) (Amendment) Regulations 2022 (S.I. No. 148 of 2022).

E51

Power pursuant to section exercised (1.03.2016) by Health Insurance Act 1994 (Information Returns) (Amendment) Regulations 2015 (S.I. No. 608 of 2015), in effect as per reg. 1(2).

E52

Power pursuant to section exercised (19.12.2013) by Health Insurance Act 1994 (Information Returns) (Amendment) Regulations 2013 (S.I. No. 522 of 2013).

E53

Power pursuant to section exercised (21.12.2011) by Health Insurance Act 1994 (Information Returns) (Amendment) Regulations 2011 (S.I. No. 690 of 2011).

E54

Power pursuant to subsection exercised (29.07.2009) by Health Insurance Act 1994 (Information Returns) Regulations 2009 (S.I. No. 294 of 2009).

E55

Previous affecting provision: subs. (2)(b) substituted (16.12.2011) by Health Insurance (Miscellaneous Provisions) Act 2011 (34/2011), s. 3(a)(ii), commenced on enactment; substituted (26.12.2012) as per F-note above.