The Tribune

By RASHAD ROLLE

Tribune Staff Reporter

rrolle@tribunemedia.net

DESPITE the Office of the Attorney General's opinion on the matter, the Bahamas Insurance Association (BIA) said in a statement yesterday it still believes the work of the National Health Insurance (NHI) Secretariat was unlawful and should not be ratified by the NHI Authority board.

The statement followed a Tribune report yesterday that a legal opinion from the Office of the Attorney General determined the actions of the NHI Secretariat were essentially lawful and the NHIA board cannot significantly alter the programme without considering the pre-existing arrangements executed by the secretariat before a board was appointed and before key provisions of the relevant legislation came into force.

Nonetheless, to push NHI forward, the BIA said, it will take "appropriate corrective actions however difficult those may be" in cooperation with the government, NHI Authority and the Insurance Commission of The Bahamas.

The BIA said it wants the government to publicly release the legal opinion of the Office of the Attorney General.

"The Bahamas Insurance Association (BIA) notes with interest The Tribune report entitled 'NHI legal' ruling upsets overhaul' and published on January 3, 2018," the statement noted.

"According to the aforementioned report, the Office of the Attorney General has issued a legal opinion on the actions taken by the National Health Insurance (NHI) Secretariat acting erroneously as the statutory NHI Authority (NHIA) prior to the appointment of the NHIA board. The BIA is not in possession of the legal opinion issued by the (Office of the Attorney General) and is therefore not in a position to render informed commentary on the opinion. In this regard, we implore the government to release the opinion to stakeholders including the BIA in the spirit of transparency, accountability and good governance.

"In the interim and until evidence to the contrary is provided, the BIA maintains its position stated in its press statements issued in July 2017 that the NHI Secretariat acted unlawfully and ongoing actions by the NHI Authority may have no basis in law. Specifically: the appointed day notice that has been gazetted brought only Part I, Part II and Section 45 of the NHI Act into force, albeit the actions of the NHI Secretariat went beyond these referenced sections.

"The NHI Authority may be currently acting illegally as regulated health administrator and an insurance company in breach of the NHI Act and Insurance Act. The NHI Secretariat did not have the authority to act as if it were the NHI Authority. It is unclear to the BIA how the board of the NHIA could possibly ratify these actions in contravention of the law that created it and in violation of the Insurance Act. We urge the government to ensure that a dangerous precedent is not set vis-à-vis disregard for applicable laws. The Bahamas has to act in accordance with the rule of law and public officials cannot knowingly violate duly passed law. The BIA reiterates its agreement with the concept of universal health care and is committed to working with the NHI Authority to ensure that a sustainable NHI plan is implemented and administered successfully for The Bahamas."