Kundmachung des Bundeskanzlers betreffend Änderung der Anhänge zum Europäischen Abkommen über Soziale Sicherheit und der Zusatzvereinbarung zur Durchführung des Europäischen Abkommens über Soziale Sicherheit
15. Kundmachung des Bundeskanzlers betreffend Änderung der Anhänge zum Europäischen Abkommen über Soziale Sicherheit und der Zusatzvereinbarung zur Durchführung des Europäischen Abkommens über Soziale Sicherheit
Nach Mitteilung des Generalsekretärs des Europarates vom 2. März 2007 wurden die Anhänge zum Europäischen Abkommen über Soziale Sicherheit und zur Zusatzvereinbarung zur Durchführung des Europäischen Abkommens über Soziale Sicherheit (BGBl. Nr. 428/1977, zuletzt geändert durch BGBl. III Nr. 14/2013) durch die Niederlande wie folgt geändert:
Amendment to Annex II of the Convention
Healthcare allowances are added here to the legislation and schemes to which this convention is applicable, so they will be exported.
Amendment to Annex VII of the Convention
Subsection a.
Subsection a indicates who is entitled to benefits pursuant to Netherlands legislation. This concerns two categories of persons: (a) persons who are compulsorily insured and (b) so-called contractually insured persons.
The first category is insured under the Health Care Insurance Act. The second category of insured have the right to health care funded by the Netherlands under this Convention. Hence the persons referred to in this subsection dot not create charges for the other Contracting Parties.
Subsection b.
Subsection b stipulates that persons whose health care is charged to the Netherlands must either be insured with a health care insurer (the group of persons referred to in a(i)) or must be registered with the College voor zorgverzekeringen (the group of persons referred to in a(ii)).
Subsection c.
Unlike the Health Insurance Act (Ziekenfondswet), the Health Care Insurance Act contains no reference to members of the family. This definition makes sure that members of the family of foreign insured that live in the Netherlands will be entitled to benefits in the Netherlands.
Subsection d.
If the persons concerned create costs for the Netherlands, the Netherlands is entitled to contributions or premiums in accordance with its legislation. This Convention already provides one legal basis, which concerns pensioners. However, the group of contractually insured persons also includes family members of employees or frontier workers. This Convention contains no legal basis concerning the levying a contribution for this category. For this reason subsection d. regulates the possibility of levying a contribution in cases in which persons are entitled to health care at the expense of the Netherlands pursuant to this Convention. The contributions are levied in accordance with Netherlands legislation. Subsection d. also stipulates that the Netherlands is entitled to levy a contribution from the principal insured person to cover the members of his family who are resident abroad.
Subsection e.
Section e makes it incumbent on the contractually insured persons, in other words the group of persons referred to in a(ii), to register with the College voor zorgverzekeringen. The reason why the provisions of the Health Care Insurance Act have been declared to apply mutatis mutandis in the event of delays in registration is to prevent the persons concerned from waiting to register with the College voor zorgverzekeringen until such time as the need for health care arises. As a result, persons concerned are only entitled to claim benefits against the Netherlands after they have registered with the College voor zorgverzekeringen, and the College voor zorgverzekeringen may, inter alia, decide to impose a fine in the event of late registration.
Subsection f.
The Health Care Insurance Act contains somewhat complicated rules as regards claims packages. Insured may choose between a range of policy variants, depending on the offers made by the insurers. It is up to the insurer to decide which policy variants to offer. The two basic variants are a policy whereby the insured has a right to health care, the so-called benefit-in-kind policy, and a policy whereby the insured has a right to reimbursement of the costs of health care, the so-called refund policy. Insurers can also offer other policy variants as regards benefits in kind or in cash which differ depending on the province and the nature of the care provided. It is in the interests of persons who obtain care in the Netherlands at the expense of another Contracting Party that there is no uncertainty about the content and the scope of the benefits they are entitled to. Hence the link up with a policy variant offered by the institution of the place of residence or the place of stay. On the basis of this policy, persons have a right to benefits in kind without own contributions. Hence the insured must not pay the health care provider for the costs of care, these costs being paid directly by the institution of the place of stay or by the institution of the place of residence.
Subsection g.
In this connection, registration is necessary so that the benefits in question, exclusively with the eye to the amendment of the abovementioned articles of this Convention, can be brought into line with a benefit or pension within the meaning of this Convention. As a result of registration, these persons are not charged to their country of residence but to the Netherlands. This ensures the continuity of social security coverage. Without registration the persons concerned would have to deal with shifting social security schemes.
Subsection h.
Given that the Dutch legislation on social healthcare insurance is residence based, this registration is necessary to prevent the situation where everybody residing in the Netherlands will be entitled to benefits in kind at the charge of the...
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