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High Court for the State: The possibility of purchasing health insurance for their children must be returned to the disabled

The court issued an interim order instructing the Ministry of Health to allow the purchase of insurance intended for foreigners - as it was until 2018. This is in a petition filed by the Physicians for Human Rights, in which the state undertook to act on the issue, but delayed. The Order - A Temporary Solution for Most Children

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• refuge seekers

• health insurance

• Physicians for Human Rights

• Ministry of Health

• Foreign workers

Maya Horodnichano

Tuesday, 01 December 2020, 10:02 Updated: 23:56

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The High Court today (Monday) issued an interim order instructing the Ministry of Health to allow the disabled to purchase health insurance for their children - as it was until 2018. The High Court also ordered the state to explain by January 31 why it will not act so that "children "Those without status who are in Israel, including children of foreigners whose visas have expired and any child born in Israel, will continue to be entitled to be included and join the insurance arrangement with a unified health fund, as was customary and implemented."

This is in response to a petition filed by Physicians for Human Rights in mid-2019 through attorney Adi Lustigman.

Since 2001, the provision of health services to minors who are not residents of Israel (except for exceptions) has been regulated through an arrangement with the United Health Insurance Fund, under which the insurance premium was NIS 120 per month.

As of 2018 there were 8,110 children in this arrangement, however since then the policy has changed.

Physicians for Human Rights' petition states that the arrangement was changed in 2018 and partially implemented.

As a result, some of the populations included in it were excluded, including children whose parents were in Israel with a tourist visa that expired, children of asylum seekers (who are not protected under group protection) and children of foreign immigrants whose visas expired.

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"They will be entitled to join the insurance arrangement, as was customary," Children in South Tel Aviv (Photo: Danny Miron)

The Ministry of Health then replied to the High Court that a team had been set up to examine the issue and that until then the children of foreign workers who had entered work visas would be included in the insurance arrangement, even if their visas expired. the rights of children and minors to receive medical treatment under discussion, the stronger the team will act quickly, and we noted the declaration of the Ministry of health that the sound position of the petitioners to the team, "the report said.

However the team's work was delayed, and during this period, according to Physicians for human Rights, who entered with a visa expired and Asylum seekers could not renew the insurance for their children, but only foreign workers who entered with a visa even if it expired. Following this, the organization once again applied to the High Court.

Justices Yitzhak Amit, Dafna Barak Erez and Menachem Mazuz noted that "in light of the delay in teamwork," they are issuing an interim order directing the implementation of the arrangement "as was done in practice throughout the years until 2018."

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To the full article

Advocate Lustigman welcomed the issuance of the order. "The court sent a clear message to the state that a transitional government, election period and any other similar excuse can not prevent children from receiving medical treatment in Israel," she said. For children who are in Israel for a significant period.

We will continue to accompany the matter in order to ensure that such a solution is found soon and includes all the children who need it.

The interim order issued ensures that a solution will be found for most of the children in the interim period. "

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