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Government health insurance system for persons with disabilities No. (2) of 2021

Government Health Insurance System for Persons with Disabilities No. (2) of 2021

The Cabinet, based on the provisions of the amended Basic Law of 2003 and its amendments, particularly Articles (22, 70), the provisions of the Public Health Law No. (20) of 2004 and its amendments, particularly Articles (2, 83), after reviewing the provisions of the Disabled Persons’ Rights Law No. (4) of 1999 and its executive regulations, particularly Article (10), and Cabinet Decision No. (113) of 2004 on the Government Health Insurance System, and based on the recommendation of the Minister of Health and the Minister of Social Development, and as approved by the Cabinet on 04/01/2021, and by virtue of the powers vested in us, and in the interest of the public, we issue the following system:

Article (1) The words and phrases used in this system shall have the meanings specified below, unless the context requires otherwise:

  • Ministry: Ministry of Health
  • Minister: Minister of Health
  • Law: Public Health Law No. (20) of 2004 and its amendments
  • System: Government Health Insurance System for Persons with Disabilities
  • Persons with Disabilities: Those with permanent physical, mental, intellectual, or sensory disabilities that hinder their full and effective participation in society on an equal basis with others.
  • Family: The family of the person with a disability covered by the insurance according to the provisions of Article (6) of this system.
  • Disability-based Discrimination: Any discrimination, exclusion, or restriction based on disability that weakens or prevents the recognition, enjoyment, or exercise of all human rights and fundamental freedoms equally in the health field and all other fields. This includes all forms of discrimination, including the denial of reasonable accommodations.
  • Health Services Basket: A set of comprehensive, free preventive, diagnostic, therapeutic, and rehabilitation services provided by the Ministry to persons with disabilities and their insured families under the provisions of this system.
  • Government Health Services Basket: A set of health services provided by the Ministry’s directly affiliated health institutions and centers.
  • Non-governmental Health Services Basket: A set of health services provided by the Ministry according to referral criteria through contracts with non-governmental health institutions and centers, either inside or outside Palestine.

Article (2)
The provisions of this system apply to persons with disabilities and their families.

Article (3)
The objectives of this system are:

  1. Ensuring the right of persons with disabilities and their families to comprehensive and free health insurance.
  2. Providing a suitable health services basket for persons with disabilities and their families.
  3. Respecting diversity in Palestinian society and promoting equal rights and self-determination for persons with disabilities.
  4. Providing health services without discrimination based on disability.

Article (4)
The health services provided to persons with disabilities and their families by the Ministry under this system are free of charge, without any fees or financial compensation.

Article (5)
Disability is the eligibility criterion established by the Ministry for benefiting from the health services outlined in this system.

Article (6)
The family of a person with a disability covered by the provisions of this system includes:

  1. Husband and wife, or wives, and children under the age of (18).
  2. Unmarried daughters, provided they have no income.
  3. Sons or daughters until the end of secondary school, up to the age of (21).
  4. Sons or daughters until the end of university, up to the age of (26).
  5. Parents, provided they do not have health insurance.
  6. Those without income and dependent on the person with a disability, supported by the following documentary evidence:
  • Brothers and sisters under (18), if they are orphans and under guardianship.
  • Divorced daughters and their children if under their care.
  • Widowed daughters and their children if under their care.
  • Children of siblings under (18) if they are orphans and under guardianship.
  • Unmarried sisters over (18), if financially supported by the person with a disability based on a legal document.
  • Stepmothers.

Article (7)
The Ministry shall:

  1. Issue a permanent health insurance card for persons with disabilities, including their families, and deliver it at the nearest Ministry health center.
  2. Ensure no discrimination based on disability or any form of discrimination in the eligibility criteria and health services provided under this system.
  3. Maintain the confidentiality of personal information related to persons with disabilities and their families.
  4. Provide health services to persons with disabilities and their families in accessible ways and at respectful locations.
  5. Adapt health centers providing services for persons with disabilities according to the provisions of this system.
  6. Provide the health services basket at the nearest institution or health center for persons with disabilities, ensuring the level of service and quality standards.
  7. Obtain free and informed consent from persons with disabilities when receiving health services.
  8. Train medical and rehabilitation staff on communication and handling methods appropriate for persons with disabilities.
  9. Provide sign language interpreters for health centers serving persons with disabilities.
  10. Reach persons with severe disabilities who cannot access services independently.
  11. Prepare and publish quarterly reports and an annual report outlining the results of implementing this system.
  12. Prepare and distribute educational materials about this system in accessible formats.
  13. Publish all health services provided to persons with disabilities and their families, the procedures for providing them, and the eligibility criteria on the Ministry’s website.

Article (8)
Persons with disabilities and their families have the right to preventive, diagnostic, therapeutic, and rehabilitation health services under this system, without prejudice to any other health services outlined in the applicable laws.

Article (9)
The Ministry shall provide preventive and diagnostic services for persons with disabilities and their families in accessible and timely ways, including the following services:

  1. Early detection screenings for various disabilities.
  2. Diagnosis and evaluation of the type and degree of disability, including laboratory, hormonal, radiological, CT scans, and MRIs.
  3. Vaccinations covered by the unified vaccination program.
  4. Primary care services.
  5. School health services, including mental health and early detection of disabilities.
  6. Genetic and hereditary screenings.

Article (10)
The Ministry shall provide therapeutic services for persons with disabilities in accessible and timely ways, including the following services:

  1. Medications for various disabilities included in the Ministry’s essential medicine list.
  2. Medications for disabilities not included in the Ministry’s essential medicine list, through a purchasing committee appointed by the Minister.
  3. Government health services provided at Ministry health institutions and centers; if unavailable, referrals will be made according to the Ministry’s approved referral criteria.
  4. Surgical procedures related to the nature of the disability.
  5. Dental care and treatment for jaw and dental deformities for persons with severe intellectual disabilities and compound disabilities.
  6. Medical supplies and consumables for various disabilities, based on a report from the Ministry’s specialist.
  7. Nutritional supplements listed in the essential medicine list; non-listed supplements will be referred to the purchasing committee mentioned in paragraph (2) of this article.

Article (11)
The Ministry shall provide necessary rehabilitation services for persons with disabilities based on a report from the multidisciplinary rehabilitation committee formed by the Minister, including:

  1. Comprehensive rehabilitation services.
  2. Medical and compensatory devices and assistive tools for various disabilities related to the nature of the disability.
  3. Any other rehabilitation services and compensatory devices.

Article (12)
The Ministry may refer persons with disabilities to affiliated or non-affiliated health institutions or centers according to the Ministry’s referral criteria if the necessary health services are not available.

Article (13)
The financial resources for implementing this system are determined from the following:

  1. Financial allocations specified in the Ministry’s budget.
  2. Unconditional grants and donations.
  3. Contributions from the private sector and civil society.

Article (14)
The Ministry, in coordination with the Ministry of Social Development, the Ministry of Education, and relevant bodies, shall:

  1. Raise awareness in Palestinian society about the right of persons with disabilities and their families to comprehensive, equitable, and free government health insurance.
  2. Take all necessary measures to ensure persons with disabilities and their families enjoy the right to equitable and comprehensive health insurance under normal and emergency conditions.

Article (15)

  1. Judicial officers appointed by the Minister in accordance with the law are authorized to enforce violations of this system’s provisions.
  2. Judicial officers must:
    a. Document violations in violation reports.
    b. Refer reports to the appropriate authorities for immediate follow-up.

Article (16)

  1. The Ministry shall establish a database for all health services provided to persons with disabilities and their families under this system.
  2. This database shall include:
  • Data categorized by beneficiaries of the health services basket under this system.
  • Type and degree of disability.
  • Nature of the service provided.
  • Date and place of service provision.
  • Gender.
  • All procedures related to implementing this system.
  • A record of complaints.
  1. The database shall be used to evaluate and develop the provided health services.

Article (17)

  1. The Ministry shall establish an accessible complaint handling mechanism for persons with disabilities.
  2. The Ministry shall maintain a special complaint record when the provisions of this system are violated, which shall be classified and sequentially numbered, showing how complaints are handled and responded to.
  3. The Ministry shall respond in writing within (14) days from the date of the complaint, notifying the complainant in writing of the actions taken.
  4. The complainant may appeal to the relevant judicial authorities.

Article (18)
Anyone who violates the provisions of this system shall be subject to penalties prescribed by law, without prejudice to any other applicable legislation.

Article (19)
The Minister shall issue the necessary decisions and instructions to implement the provisions of this system.

Article (20)
Any provisions that contradict the provisions of this system are hereby repealed.

Article (21)
All concerned authorities must implement the provisions of this system, and it shall be effective from the date of its publication in the official gazette.

Issued in Ramallah on: 04/01/2021, corresponding to: 20/ Jumada al-Awwal 1442H
Dr. Mohammad Shtayyeh, Prime Minister

From the Palestinian Judicial and Legislative System – Al-Muqtafi, prepared by the Institute of Law at Birzeit University.