The national agreement referred to in article L. 1141-2 sets out the terms and conditions and the time limits beyond which persons who have suffered from a cancerous pathology may not, as a result, have their rates increased or have cover excluded under their insurance contracts, the purpose of which is to guarantee repayment of a loan covered by the said agreement. The agreement also stipulates the time limits beyond which no medical information relating to cancerous pathologies may be collected by insurers in this context.
On the basis of proposals drawn up and made public by the institute mentioned in article L. 1415-2, the list of diseases and the time limits mentioned in the first paragraph of this article are set in accordance with a reference grid, defined by the said agreement, making it possible to set, for each disease, the time limits beyond which no increase in rates or exclusion of cover will be applied or no medical information will be collected for the diseases concerned.
This reference grid is made public.
In all cases, the period after which no medical information relating to cancer and viral hepatitis C may be collected by insurers may not exceed five years from the end of the therapeutic protocol.
These procedures and time limits are regularly updated to take account of therapeutic advances and scientific data.
A Conseil d’Etat decree defines the penalties applicable in the event of failure to comply with this obligation.
Applicants for insurance are informed, under conditions laid down by decree, of the prohibition provided for in this article.
The agreement provides for the extension of the measures provided for in the first two paragraphs to diseases other than cancer, in particular chronic diseases, provided that therapeutic progress and scientific data demonstrate the capacity of the treatments concerned to significantly and durably limit their effects.