A UOAZV ruling reported by 24ora on October 22 supports the Aruba Fair Trade Authority’s position that it cannot use the Competition Ordinance to take enforcement action against the island’s general health-insurance administrator.
LabMed challenged refusal to intervene
LabMed had asked AFTA to intervene over UOAZV’s arrangements for laboratory services. Its concerns included the use of LabHOH for second-line laboratory services and the rates paid for first-line services, according to the report. LabMed challenged AFTA’s refusal in court.
Solidarity-based insurance is central to decision
The court agreed that UOAZV is not an undertaking within the meaning of the Competition Ordinance. The report explains that Aruba’s statutory health-insurance system is based on national solidarity, with income-based premiums and care entitlements set by law. Purchasing healthcare services does not, in that reasoning, turn the administrator into an undertaking.
The report says the decision can still be appealed. It also notes separate civil proceedings involving laboratory providers and UOAZV; this ruling should not be read as resolving every dispute over laboratory services.
Source: Read the original 24ora report.
