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Post April 2012 Healthcare The Travesty

Posted in: Latest News, Maria's Blog, News Articles,
Author: Maria Cecilia Tacchi

The information widely shared and insisted on by the INSS on not allowing post April 2012 residents healthcare, could be about to change.

Healthcare in Spain only if you are working, pensioner or dependent, right? FALSE

The INSS turns people away for healthcare if they have a residency permit with that was taken after 20 April 2012, even though in the law says the opposite thing . It never mentions any dates, they are using this in an indirect way, as the police is supposed to ask for healthcare coverage when giving out residency certificates.

But what happens when a person had healthcare coverage at the moment of taking out residencia, and then lost it (say cannot pay private anymore?, or were working and that is no longer the case?)

What happens is the two people with valid residencia certificates (both non-EU residents) sued the INSS for healthcare on the basis of article 3 of the healthcare law…..and WON!

One of these cases went to the highest court of Castilla y León.

I have a letter done by lawyers based on this to fight for healthcare, as these types of cases will be seen more and more: as time passes, people that had healthcare when they got their residencia will loose it, and the INSS will either take away their healthcare or deny it. These two trials give hope that something could be done about it.

Sadly at first, until some case is won in Andalucía I think that those people seeking healthcare will have to sue the INSS, but I think it will be worth it, especially with two cases as precedent.

Please note: The information provided is based upon our understanding of current legislation. It is not legal advice but is provided freely to enable you to be properly informed. We recommend that if you are considering taking action, you should seek professional advice.

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