LI Network
Published on: 02 February 2023 at 15:37 IST
Delhi High Court recently issued a notice to the office of the Insurance Ombudsman and Ministry of Social Justice and Empowerment on a Plea challenging the denial of health insurance to a minor with a disability.
Delhi High court Bench of Justice Prathiba M Singh issued the notice and directed them to file an affidavit within six weeks.
The matter was listed on March 17 for further hearing. The high court asked the IRDAI to consider the manner in which products can be designed for persons with hearing disabilities and persons with implants. The court also said the IRDAI shall consider the policy and guidelines as may be applicable to a person with a disability.
While passing the order, the bench said the challenges for the differently abled, ought to be mitigated by the society and it has to lend a helping hand and accommodate their needs. In another matter, earlier, the court had asked the IRDA to convene meetings of all insurance companies to ensure that products related to health insurance coverage are designed for persons with disability.
The petitioner, in the present case, approached the court challenging the denial of a health insurance policy for his minor son who was suffering Bi-Lateral Hearing Loss, which is a hearing disability.
The minor son of the petitioners was prescribed Cochlear Implant and the petitioners got the same implant done for their minor son on July 22, 2020, at their own expense.
Since the petitioners had a family insurance policy, which included their elder daughter, the petitioner applied for renewal on June 15, 2020, with the inclusion of their minor son as a co-insured after disclosing the said pre-existing condition.
The insurance company, however, refused to issue a policy on the ground that such a disability would not be covered by their underwriting policy. The petitioner argued that it was completely discriminatory against disabled persons, including children.
Counsel Appearing for the petitioner relied on the guidelines on the standardisation of exclusions in health insurance contracts issued by the IRDAI on September 27, 2019, for his arguments in support of the plea.