Update on Healthcare for Residents with Permit Issued after April 2012. Meeting with Lawyers

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

We met with one of the CAB lawyers to talk about our claim with the INSS about people holding a valid residencia permit and being refused health care.

He agreed that the language of the law is VERY obvious, so the more people that present complaints, the easier it will be for them to retract their stance. It might even be possible to avoid going to trial, this is great news as costs could be avoided!

I cannot stress enough how important is that everybody that is in this position, should go to the INSS and ask for healthcare. If denied, they should present a complaints letter in Spanish.

There will come a moment where the letter will reach a critical mass, and they will have to abide by the law, or be in danger of committing what is called “prevaricación”, this is the definition : when an authority , issues an arbitrary decision in an administrative or judicial proceeding, knowing that that decision is unfair.

It is possible that be refusing healthcare, the SS may be committing what is known in Spanish as ‘prevaricación, this is serious and considered as a penal offence which is included in the penal code (articles 358 and 359).

So, acting together I have all the confidence we will prevail.

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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