Over fourteen years have elapsed since the introduction of TPAs into the Indian Insurance Industry and since the notification of the IRDA (TPA – Health Services) Regulations, 2001 in 2001. While certain amendments were carried out during 2013 and 2014, it was felt necessary to revisit certain provisions governing the TPA space.
In addition to the above, consequent to the promulgation of amendments to the Insurance Act, 1938, Third Party Administrators (TPAs) have been defined as ‘Intermediary and Insurance Intermediary’ under section 2(1)(f) of the IRDA Act, 1999 and therefore, the regulatory framework is required to be aligned to the modified statutory provisions.
Considering the above, the Authority proposes to issue IRDAI (TPA-Health Services) Regulations, 2015 and accordingly an exposure draft is hereby issued. The proposed IRDAI (TPA-Health Services) Regulations, 2015 have, inter alia, incorporated the following additions / modifications.
1. The aggregate holdings of equity shares by foreign investors, including portfolio investors, do not exceed the norms laid down by Department of Industrial Policy and Promotion, Government of India.
2. Enabling provisions to (i) service of overseas travel policies issued by Indian insurers (ii) service of overseas travel policies issued by foreign insurers (iii) service of non-insurance healthcare schemes promoted, sponsored or approved by Central and / or State Government of India are proposed to be incorporated.
3. Onus of the responsibility proposed to be placed on Chief Administrative Officer (CAO) or a Chief Executive Officer (CEO) to ensure compliance with provisions of regulatory requirements.
4. Minimum business requirements are proposed to be stipulated to all the TPAs.
5. Minimum paid up capital requirements are proposed to be increased to Rs 5 Crores which shall be in equity shares.
The comments and / or suggestions in the following template and preferably in MS Excel format, shall reach us on or before 1st July 2015.
FORMAT FOR SUGGESTIONS ON EXPOSURE DRAFT ON IRDAI (TPA- Health Services) REGULATIONS, 2015
|Name of the person / Firm / Company||Date||Proposed Regulation No.||Sub-Regulation No.||Brief provisions of proposed regulations||Comments and or Suggestions||Rational of the suggestions / comments|
|Note:||Comments / Suggestions sent in requested format and manner, will help us to consolidate all the suggestions received and to take a decision on said comments and or suggestions.|