Right to be forgotten, end of the medical questionnaire, termination at any time: the change in borrower insurance is confirmed

Parliament is currently examining the bill “for fairer, simpler and more transparent access to the borrower insurance “. On February 15, 2022, the National Assembly unanimously adopted the text drawn up by the joint committee on February 3. It records three major advances: the reduction of the right to be forgotten for people who have had cancer or hepatitis C, the abolition of the medical questionnaire for certain loans, and finally a right of termination free of charge and at any time of the loan. mortgage borrower insurance.

Strengthened right to be forgotten

In terms of real estate credit, people with a ” increased health risk” are likely to be denied loan insurance. In 2016, the law to modernize our health system created a right to be forgotten for cancers and the Hepatitis C :

• Anyone over the age of 21 whose therapeutic protocol has been completed for more than 10 years is no longer required to declare their pathology
• For people whose cancer was diagnosed before their 21st birthday, the right to be forgotten applies from 5 years after the end of treatment

The right to be forgotten should finally be reduced to 5 years, whatever the age of the former patient. The bill provides that “ in all cases, the period beyond which no medical information relating to cancerous pathologies and viral hepatitis C can be collected by the insurers cannot exceed five years after the end of the therapeutic protocol”.

The bill also provides that the signatories of the AERAS agreement must enter into negotiations, at the latest within three months of the promulgation of the law, aimed at extending the benefit of the right to be forgotten to illnesses chronic, such as diabetes. The text provides that if the negotiation does not succeed, a decree will come to take over, and will determine the chronic diseases to which the right to be forgotten would be extended.

Home loan: removal of the medical questionnaire for certain loans

The bill also removes the medical questionnaire for the home loans less than €200,000 (per insured, and on the cumulative outstanding amount of credit contracts) which expire before the borrower turns 60. A couple could therefore borrow €400,000 without having to fill out a questionnaire.

These health questionnaires currently penalize patients and former patients, who are then exposed to higher rates than people in good health, via the application of additional insurance premiums attached to their mortgage.

This measure should come into force on 1^is June 2022.

Towards the termination at any time of the borrower insurance

Finally, the text adopted by the National Assembly provides that people who have taken out a home loan may terminate – and therefore change at any time and free of charge – their borrower insurance.

Insurers will be required to inform borrowers of their right of termination every year. In addition, the text provides for the obligation to display the cost of borrower insurance for 8 years.

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