{"id":21425,"date":"2024-07-10T14:06:30","date_gmt":"2024-07-10T12:06:30","guid":{"rendered":"https:\/\/www.ombudsman.hr\/en\/?p=21687"},"modified":"2025-11-25T17:18:28","modified_gmt":"2025-11-25T15:18:28","slug":"numerous-citizens-have-lost-health-insurance-awaiting-the-constitutional-court-s-decision-on-the-ombudswoman-s-request","status":"publish","type":"post","link":"https:\/\/www.ombudsman.hr\/en\/numerous-citizens-have-lost-health-insurance-awaiting-the-constitutional-court-s-decision-on-the-ombudswoman-s-request\/","title":{"rendered":"Numerous Citizens Have Lost Health Insurance, Awaiting the Constitutional Court\u2019s Decision on the Ombudswoman\u2019s Request"},"content":{"rendered":"

It has been a year since the Ombudswoman, Tena \u0160imonovi\u0107 Einwalter, submitted a request to the Constitutional Court for a review of the constitutionality<\/a> of a provision in the Mandatory Health Insurance Act. The provision in question requires certain citizens to appear in person at the Croatian Health Insurance Fund (HZZO) every three months in order to retain their health insurance coverage.<\/p>\n

The Constitutional Court has not yet ruled on the request, and citizens continue to file complaints with the Ombudswoman, expressing feelings of injustice and inequality due to the loss of health insurance<\/a> in extremely difficult life circumstances. Below are some of the most recent examples:<\/p>\n

\u201cDue to illness, I was unable to go to the HZZO and extend my mandatory health insurance. I am 100% disabled and dependent on therapy, and now I can\u2019t obtain life-saving medication. I also can\u2019t attend a mandatory check-up after a transplant next week, which could have serious, life-threatening consequences.\u201d<\/p>\n

\u201cI live 25 kilometers from the nearest HZZO office. Buses run rarely, and during school holidays, hardly at all. That\u2019s exactly why I lost my health insurance. I have small children, no one to look after them, and no means of transport. What am I supposed to do now without health coverage, with small children? It\u2019s disgraceful!\u201d<\/p>\n

\u201cHis medication is essential for survival. He has no income and no valid health insurance card, and now he’s losing the right to a dignified life. Even though he submitted all his medical documentation, HZZO denied him access to basic health insurance because he was one day late in reporting. Isn\u2019t the right to mandatory health insurance guaranteed to every citizen by the Constitution of the Republic of Croatia? Please help resolve his case!\u201d<\/p>\n

Complaints are submitted by individuals who are seriously or chronically ill, those with limited mobility or who require assistance to move, people from areas with limited public transportation, and students studying abroad. Mothers on maternity or parental leave have also contacted the Ombudswoman, reporting the loss of health insurance, which in turn led to the suspension of financial support from the maternity and parental benefit system.<\/p>\n

A significant number of citizens reported not receiving any notification about this obligation and only discovered they had lost their health insurance by chance\u2014when trying to collect necessary medication, arriving at a hospital for a procedure, or, in the case of mothers, when monthly payments were not received.<\/p>\n

To date, there have been more than 120 complaints regarding this obligation, with 30 received this year alone, indicating that the issue persists while awaiting the Constitutional Court\u2019s decision. This represents the largest number of individual complaints<\/a> submitted to the Ombudswoman stemming from a single legislative amendment. Over the same period, HZZO has received 1,991 grievances for the same reason.<\/p>\n

In the request submitted to the Constitutional Court<\/a> at the end of June 2023, the Ombudswoman emphasized that the obligation violates the constitutional prohibition of discrimination and the Anti-Discrimination Act. Not all individuals are able to physically appear at HZZO offices\u2014whether due to disability, health, or financial reasons, especially those living in remote areas far from the nearest HZZO branch. Their constitutional right to equality before the law is thereby compromised.<\/p>\n

The Ombudswoman also stressed that this obligation and the manner in which it was introduced endangers other constitutional rights and guarantees, including the right to appeal, the right to leave the country and travel abroad, special protection for persons with disabilities, the right to health care and protection of youth, and equal access to education. In a supplemental request from September 2023, she additionally cited constitutional protections of motherhood, following numerous complaints from individuals receiving parental support.<\/p>\n

It is important to note that the requirement to report in person to HZZO every three months was introduced by amendments to the Mandatory Health Insurance Act, which came into force on April 1, 2023. From the very beginning, even when the amendments were merely proposed in 2022, the Ombudswoman warned that such an obligation would have adverse effects on the most vulnerable citizens\u2014and unfortunately, these concerns have materialized.<\/p>\n

After raising potential issues early on\u2014first with the competent ministry, then during public consultations, and later in a parliamentary debate before the relevant committee\u2014the Ombudswoman submitted a request to the Constitutional Court to review the constitutionality of this provision. This was done to protect the rights of all citizens affected by this situation, including both those who filed complaints and those who did not, but are nevertheless suffering the consequences of this legislative change.<\/p>\n