SINT MAARTEN (GREAT BAY) - Over the years, Social & Health Insurances SZV has been flexible in its policies to include measures that allow director majority shareholders (DMS) who fall outside the scope of the law to still get access to medical insurance.
However, in recent cases where SZV attempted to collect unpaid premiums for the registered insured, the Court of First Instance reminded SZV that premiums for sickness, accident, and severance insurance could only be collected for the registered insured, as defined by the respective ordinances. SZV is now faced with the risk of being non-compliant with the laws, and increased financial risk, and as a result, has been conducting urgent meetings with the Ministry of Public Health and stakeholders to emphasize the urgency of implementing changes to the Sickness and Accident and Cessantia National Ordinances.
“The urgency we are faced with to address these changes in the law is not new. We continue to get one step closer to realizing that more persons can get access to health insurance, but the time is now to have these laws implemented finally. SZV is being reminded to be more strict in implementing the laws, but in doing so, it will have a major social and financial impact. We continue to be as flexible as we can, so people do not suffer more than they have to, but the real solution is to change the laws.” – Mr. Glen A. Carty, SZV Director
An example of a group of persons who fall outside the scope of the law includes company directors who own more than 50% of the company's shares. In accordance with case law, the DMS cannot be regarded as an employee within the meaning of the National Ordinances for Sickness, Accident, as well as for the Cessantia National Insurance, due to the lack of authority relationship (In Dutch: gezagsverhouding).
SZV management has recently decided to move forward with its people-centric approach and delay the implementation of the DMS policy effective September 1, 2024. This policy entailed the cancellation of insurance for director majority shareholders who were registered as insured employees prior to September 1, 2022. This decision to delay is until further notice and is based on a broad analysis of the expected social and financial impact during the peak of the Atlantic Hurricane Season.
“It is clear that we need to secure access to health insurance for a wider group of persons in our community. SZV has been addressing these persons' concerns, which includes additional assessments to provide alternative options for getting access to insurance from SZV or otherwise. Together with SZV, we will work towards realizing fast-tracked changes in the laws and policies, where possible. Compliance with the laws is important, and as we look toward Health Financing Reforms, we must create laws and policies that support the prosperity of our people, the health and wealth of our country.” - Minister of VSA, Veronica Jansen-Webster
Company directors who are registered at SZV will be informed via e-mail and the SZV Employer Portal of the recent developments surrounding their insurance entitlement and next steps. SZV takes this opportunity to remind all employers to ensure that their company information, contact details, and employee registry are up to date in the Employer Portal, as this greatly improves the communication exchange with SZV about their registration, decisions, and compliance support.
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