Lemoine Law enters the disappearance of the medical questionnaire for loans of less than EUR 200 000 (EUR 400 000 for a couple)
What 1er June 2022 marks a great victory for all patients and former patients who wish to borrow and must then take out borrower insurance. Although this insurance is not obligatory, it is often required by lending banks to make up for any non-repayment of the loan if the borrower fell ill, had an accident or died. Or the new Lemo Lemoine now allows you to accept a borrower’s insurance, without being subject to any health questionnaire, for any price less than € 200,000 or € 400,000 for a couple. Pour être tout à fait precis, la Loi states that “no relative information on the state of health and no medical examination of insurance can be solicited by insurance, subject to compliance with the following set of conditions. :
- The insured’s share of the outstanding amount of credit agreements does not exceed € 200,000 per insured person;
- The repayment date of the contracted loan is prior to the 60th anniversary of the insured. ».
In addition, the Lemoine Law shortens the time limit for the “right to be forgotten” (the right according to which insurers no longer have the opportunity to request or take into account medical information for some time after the end of the therapeutic protocol). , which is now 10 to 5 years old in cases of cancer and hepatitis C.
Another flagship measure of the Lemoine Law and which this time concerns everyone: the possibility of terminating, now at all times, the son of the borrower’s insurance to change and get the best conditions.
Franța Assos Santé welcomes such advances because surcharges, exclusions from guarantees and even refusals to insure sick people are a form of discrimination that is allowed. However, it is concerned that it will see a general increase in borrowing insurance rates or that insurance coverage is ultimately less well covered. « One could imagine, as is the case for repatriation insurance when going abroad, that borrower insurance automatically excludes policyholders when they are ill or convalescing at the time of signing the contract. . Thus, it actually facilitates access to the loan, but does not really protect the insured who pays insurance, he could not benefit from the case. They will need to be very vigilant about the quality of the guarantees that will be offered. “, Explains Stéphane Gobel, coordinator of Santé Info Droits.
He says it will also be interesting to see the comments that insurers will face on questions about whether or not they are non-smokers, or those with weight and size, who need system insurance for all of this. . two important determinants of health. Will users now be required to respond when they borrow less than € 200,000?
Why health questionnaires and exams to borrow insurance?
Every chronically ill or former patient who has ever had to take out borrower insurance knows that this is a painful, stigmatizing step and that such insurance will almost always cost them more expensive care for a person who has not had any health problems. Indeed, insurance seeks, through various questionnaires and health examinations, to assess the risk to the insured of not being able to repay his loan to the end and generally “cover” this risk by applying surcharges on certain . guarantees *. If the risk is very significant, they may exclude and insure certain guarantees or only refuse insurance. In such cases, the bank may reject the loan application.