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MISCELLANEOUS

345

The Regulation covers the issues pertaining to the information and

offer, types of contracts, lifetime renewal guarantee, attendance certificate,

amendment of plan and transition operations, cancellation of the contract,

general dispositions with regard to the treatment having place subsequent

to the termination of the insurance period, tariff for the private health

insurance, obligation for employment an expert for the health related

issues and actuarial report, service purchase, information on health and

privacy of this information and other provisions pertaining to the work

principles of private health insurances and supplementary

and supportive private health products. Important provisions related

to each issue are discussed below.

Information and Offer.

Pursuant to Article 5 of the Regulation,

insurance companies established in Turkey or local branches of foreign

established insurance companies shall inform the persons requiring

private health insurance as to the subjects that may affect their decisions

to conclude an insurance contract. Insurance companies shall also help

the relevant persons during the negotiation and conclusion of the contract

to understand the technical issues related to the insurance system; provide

all information on the rights and obligations of the parties in writing or

verbally; and avoid any kind of misleading conduct on a

bona fide

basis.

Lifetime Renewal Guarantee.

According to Article 7 of the

Regulation, it is possible to renew private health insurance contracts with

the same plan. Where the insurance company

“provides a product with

a lifetime renewal guarantee, information and conditions related to the

lifetime renewal guarantee shall be determined pursuant to the conditions

of the first contract concluded”.

It should be noted that the information

and evaluation requirements must not subsequently be amended to the

detriment of the insured.

Insurance companies providing lifetime renewal guarantees for

insurance contracts shall consider the medical condition of the insured

during the term of the previous insurance contract while determining

indemnities and contributions for the new contract.

Moreover, insurance companies shall not attenuate the scope of the

indemnities due to the occurrence of diseases during the period following

the entry into force of the lifetime renewal guarantee; shall not amend