The Verwilghen Law
The Verwilghen Law, also known as the Health Insurance Act, entered into force on July 1st, 2007. This law imposes a duty of information to all employers regarding their employees. The law protects employees in the event of termination of occupationally health insurance (at the latest on the retirement date).
The Verwilghen Law refers to information to be provided on health insurance, both covering medical expenses and disability. The employer has to inform employees on the possibility of continuing the occupationally health insurance individually if it is terminated. The employer has to give the information within 30 days after the termination of occupationally health insurance. The employer must also state the conditions attached to the individual continuation. For example, in case of individual continuation, no waiting time is required an no additional medical formalities, such as medical questionnaires and investigations, are required. This applies insofar as the concerned employee benefits from health insurance for at least 2 years, without interuptions, before the loss of his occupationally health insurance. The guarantees of the new insurance contract must also be similar tot the guarantees of the occupationally health insurance.
In addition, the employer has to inform the affiliated employees concerning the possiblity of pre-financing the individual continuation. Upon entry into employement, the employer has to provide this information immediately to his new employee. Pre-financing means that employees pay an addititonal premium in order to freeze their age-related premium for the individual continuation.
If the employer does not provide this information, there can be a financial penalty.