Test case Sehos regarding unpaid bills uninsured

The St. Elisabeth Hospital (Sehos) has brought a (test) case against the Government and the Insular Territory of Curacao in connection with bills that are left unpaid by illegal immigrants and uninsured persons. The costs involved amount to millions of guilders each year.

The Sehos is of the opinion that the authorities are responsible for this, and, by means of this case, it wants the court to set a precedent for the future, as explained by attorney Mirto Murray. It concerns a civil-law procedure, which, in outline, focuses on the arrangements with the Government and the Island on the current rates. The Government argues that it is an insular matter. Furthermore, illegal immigrants can also take out insurance through the SVB (Social Security Bank), and for persons of limited means there is the PP card. The Government does not feel called on to have to pay the bills to be claimed by Sehos.

The Government has a duty of care. By way of an example, Mr. Murray referred to international reports and rulings. As opposed to the Government and the Insular Territory of Curacao becoming richer, the Sehos becomes poorer. Due to the absence of an adequate health care facility for uninsured persons, as well as the absence of an adequate rate policy, the costs relating to the medical treatment of uninsured persons are not compensated. Sehos should cover these costs out of its own means.

The Government argued that only for non-working illegal immigrants no direct, legal coverage possibility has been created. However, the rates do contain a margin for this. Well-to-do illegal patients should simply pay their bills, and Sehos should actively collect the bills. 'Even if the Government would act wrongfully towards Sehos, Sehos still did not comply with its duty to limit the damage as much as possible due to its inefficiently conducted operations', according to the attorney of the Government, Aike Krips.

Source: national newspaper 'Amigoe' dated 4 March 2010