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NEWSLETTER 2013
344
The Regulation on Private Health Insurance
*
Att. Naciye Yilmaz
Introduction
The social security system encapsulates healthcare area in Turkey.
Health expenses make up a large part of public expenditures. Therefore,
the utilization of health services and treatment rights are limited.
The importance of private health insurance has therefore increased
accordingly
1
.
The Regulation on Private Health Insurance (“Regulation”) was
published in the Official Gazette dated 23.10.2013 and numbered 28800.
The purpose of the Regulation is to set forth the procedures and principles
of private health insurance. Within the framework of this Newsletter
Article, important aspects of the Regulation shall be examined within the
context of the insurance contract.
The Concept of the Insurance Contract
The sixth book of the Turkish Commercial Code No. 6102 (“TCC”)
regulates insurance law. Pursuant to the Article 1401 TCC, an insurance
contract is the agreement by which the insurer undertakes to compensate
the damages resulting from any danger or risk harming the benefits of
the person or making payment or other performances for the occurrence
of certain events in the life of one or several persons in exchange for the
contributions.
Regulation on Private Health Insurance
As mentioned above, the Regulation aims to regulate the procedures
and principles of private health insurance. Article 17 of the Regulation
shall enter into force one year after publication while the other articles
shall enter into force 6 months after their publication.
*
Article of October 2013
1
EROĞLU Sevilay
, Hastalık Sigortası Sözleşmesinin Kurulmasında İhbar Külfeti, May
2005, p. 1.