For a year and a half, Spain has the right to oncological oblivion, a measure by which it is sought that people who have finished the treatment of a cancer five years before hiring insurance or banking product do not have to declare the disease . However, as the Minister of Health, Mónica García, has pointed out on Tuesday, the cancer associations transferred the need to prepare a document on questions and answers so that both patients and financial and insurance entities had clear information about the application of this right.
Thus, the Ministry of Health has prepared this document in a working group in which the General Directorate of Insurance, the General Directorate of Consumer and the Spanish Agency for Data Protection have also participated. These questions and answers will be updated as new, informing health. Next, some of them:
—If a person hires insurance and this is approved, what happens if the person suffers a relapse? Would insurance be denied or blocked?
Health explains that if, being in force the contract, the insured person suffers a relapse of cancer, has no obligation to declare it. However, there are certain cases in which the insurer could oppose the renewal of the contract, the document points out.
—If a patient has had a complete remission of cancer more than 5 years ago, but has a multitude of medical sequels caused by cancer but are not properly a cancer, what does the law have?
In this case, the document suggests that existing sequelae at the time of hiring insurance may be considered pathology or disability, as appropriate. Therefore, provided that in the health questionnaire you wonder about them, they should be declared before the hiring of insurance and the insurer may decide whether or not.
But if the sequelae manifest for the first time after the entry into force of the contract, the insured does not have the obligation to declare them.
– Can they be applied for retroactive insurance or modify the conditions of the existing ones?
Health clarifies that a person who was denied insurance before the entry into force of the right to the oncological oblivion could now hire him, but without retroactive effect. In renewable temporary insurance, premiums from the renewal following the entry into force of this right should not take into account cancer.
—If cancer survivors who meet the requirements incorporated in the regulations are found in difficulties in hiring insurance, what recommendations can be given?
For these circumstances, the document recommends submitting a consultation or claim to the Claims Service of the General Directorate of Insurance and Pension Funds.
“Is it mandatory to inform about cancer that has been overcome more than 5 years ago?”
The document establishes that not only is not mandatory, but also requesting this information could be considered an illicit data treatment.
“Is it advisable to inform about overcome cancer, even if it is not mandatory?”
Although it is a new insurance, it is not necessary, the text recommends communicating it if it is renewable temporary insurance in force so that, where appropriate, the tarification is adjusted.
—If a patient would have been granted a mortgage, life insurance, etc. And at the time he omitted that he was or had been on an oncological patient, now, after the Royal Decree-Law 5/2023, could the bank or insurance company cancel the mortgage, credit, safe … although now he fulfills the criterion of 5 years from The “radical treatment” without any relapse?
In this case, the document refers to article 10 of the Insurance Contract Law, which establishes that the insurer may terminate an insurance contract within one month since he has knowledge of a reservation or inaccuracy of the insurance policyholder in the declaration risk. Therefore, yes, the insurer could terminate the contract if the data provided was inaccurate, although at the present time the pathology should no longer be taken into account.
—How does the law apply in case of renewal of life insurance?
The document clarifies that cancer should not be taken into account when establishing premiums.
– Since when are the 5 years for the application of the right to the oncological oblivion?
Health clarifies in this regard that those 5 years from the date on which the radical treatment has been completed.
—How does it affect the renewal of the driving card?
In this sense, before the right to the oncological forgotten people who had had cancer had to renew their carné more frequently (every 3 or 5 years) due to their medical history. But with the new rule the renewal time will be the same as corresponding to any other person by age.
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