Bill 694.

Summary.

The bill creates the National Student Insurance Program as a permanent public program for students enrolled in public educational institutions in the Republic of Panama. The Ministry of Education administers it, and it is intended to cover the risks specified in insurance policies procured by the State. It defines beneficiaries, insurers, public educational institutions and school accidents; and establishes the principles of universal coverage, equality, continuity, transparency and fiscal responsibility. It must be interpreted to favor the protection of students while respecting the powers assigned to other institutions by the Political Constitution and the law.

The Ministry of Education plans, procures, administers, oversees and evaluates the program, maintains the national registry of beneficiaries and submits management reports. Coverage extends to students in early childhood, preschool, general basic and secondary education, as well as other officially recognized forms of education. It is mandatory and free for students, parents, guardians and Parent Associations, without precluding additional private insurance. School principals facilitate registration and report accidents; the associations help disseminate information and monitor the program without assuming responsibility for procuring, administering or financing the insurance. The Ministry of Education informs families and periodically evaluates the program; it submits annual results to the National Assembly (Asamblea Nacional).

Funding comes from the General State Budget through appropriations to the Ministry of Education and may be supplemented by lawful resources subject to public oversight. The Ministry of Economy and Finance (Ministerio de Economía y Finanzas) evaluates proposed appropriations in light of available funds. Resources are used exclusively for the program. The Ministry of Education procures policies in accordance with public procurement and insurance rules and may procure one or more policies from one or more insurers based on technical and financial criteria. Minimum coverage includes accidents at educational institutions and during organized or authorized official activities; it includes direct travel between home and school when the policy so provides. Regulations may expand coverage, and additional benefits require technical, actuarial and budgetary studies. Periodic reviews and measures to prevent gaps in coverage are provided for.

Insurers must be authorized to operate in the Republic of Panama, demonstrate solvency and operational capacity, and have a sufficient network of healthcare providers nationwide. They must maintain benefits throughout the policy term, provide services without discrimination, furnish information to the Ministry of Education, protect beneficiaries’ data and meet quality indicators. An unjustified suspension constitutes a breach of contract. Students may receive the contracted benefits, access information, have their personal and medical data protected, and file complaints. Failures to comply are subject to the measures, penalties and liabilities established by applicable law.

The Ministry of Education oversees the service and evaluates insurers; it publishes an annual report on the budget, beneficiaries, benefits and performance, which it submits to the National Assembly. Administrative information is public except where protected by the Political Constitution and the law, and any person may file a complaint. Implementation is phased: the Ministry assumes sole responsibility for procurement, administration and oversight, while existing policies remain effective until they expire or are lawfully replaced. The Executive Branch (Órgano Ejecutivo) issues regulations for the proposed law within 90 days of its promulgation; the bill provides for adapting administrative instruments and repealing incompatible provisions, especially those imposing insurance related duties on the associations.

Given its subject matter, the bill is connected with the Ministry of Health (Ministerio de Salud), the Social Security Fund (Caja de Seguro Social), the Superintendency of Insurance and Reinsurance of Panama (Superintendencia de Seguros y Reaseguros de Panamá), the Directorate General of Public Procurement (Dirección General de Contrataciones Públicas) and the Office of the Comptroller General of the Republic (Contraloría General de la República). It could be of interest to or affect students and families, public educational institutions, Parent Associations, insurers and healthcare providers.