LAW NO. 20,317 GIVES THE CHARACTER OF IRRENOUNTABLE TO THE SURPLUS OF HEALTH CONTRIBUTIONS IN ISAPRES Having present that the National Congress has given its approval to the following bill, originated in a Motion of the Honourable Senator Mrs. Soledad Alvear Valenzuela. Bill: " Single article.-Please introduce the following modifications to the decree with force of law No. 1, of the Ministry of Health, of 2006, which fixes the recast, coordinated and systematized text of Decree Law No. 2,763, 1979, and of the laws No s. 18.933 and 18.469: A) In Article 188: 1. Replace the first paragraph, by the following: " Article 188.-Any time that the legal contribution is produced in excess of the price of the explicit guarantees in health and the price of the agreed plan, in the terms to which it refers The following point, these surpluses will be owned by the affiliate, will be inembargable and will increase an individual current account that the institution will have to open in favor of the affiliate, increasing the hereditary mass in the event of death. The affiliate may only waive them for the purpose of financing the additional benefits of both the contracts to be concluded in accordance with Article 200 of this Law, as well as the individual contracts cleared and those other contracts which point to the Superintendence of Health by means of a general rule. Any stipulation contrary to the above, as set out in the health insurance contract, shall be unwritten. " 2. 2. 3. Intercalase, in the fourth indent, which becomes the third indent, following the numeral 3, a new numeral 4, modifying the correlative numbering: " 4.-To pay the quotas of the health loans that the Institution of Health has been awarded to the affiliate; " 4. In the sixth indent, which becomes the fifth indent, delete the sentence "or in its successive annual adjustments", and interleave, following the point followed (.), the following sentence: " In the case of successive annual adjustments, the amount of The surplus to be allocated to the individual current account exceeds that of 10%, the ISAPRE will be obliged to offer to the affiliate an alternative health plan whose price is closer to the currently agreed plan; in no case, the affiliate will be required to subscribe to the alternative health plan. " 5. In the seventh indent, which becomes the sixth indent, replace the sentence "and shall bear the current interest for realisable transactions in national currency referred to in Article 6 of Law No 18,010" by " and shall bear the average interest paid by the banks in realisable operations of no more than one year, as reported by the Central Bank of Chile in the respective period. 6. Replace, in the eighth indent, which becomes the seventh indent, the "60" guitarianism for "three months". (b) In Article 203, add the following final indent: " The beneficiaries of this Article may not make use of the resources accumulated in the current account referred to in Article 188, which may be disposed of only by the heirs to the listing. ' Transitional Article.-This law shall enter into force on the first day of the month following its publication in the Official Journal. The contracts that are signed from the entry into force of this law, will not be able to contemplate the waiver of surplus, except the exception contained in the new first paragraph of article 188 of the decree with force of law N ° 1, of the Ministry of Health, 2006, as referred to in point (A) of the single article of this law. In the case of health contracts that are subscribed to the time of validity of this law, in which the waiver of surplus now prohibited has been agreed, such waiver will be valid and will produce its effects until the affiliate opts for retract the resignation, or, when, for any cause, change health plan. In the review processes referred to in the third paragraph of article 197 of the decree with force of law N ° 1, of the Ministry of Health, of 2006, that are executed after the entry into force of this law, in the next period of (a) adjustment, which is initiated by the sending of the respective letters, may exceptionally be offered and agreed on alternative plans without the waiver of surpluses which have less than one year of marketing or which do not have persons attached. After that period, the prohibition of Article 198, No 6, of the same decree with force of law shall apply. ' And because I have had to approve and sanction it; therefore, promulgate and take effect as the Law of the Republic. Santiago, January 12, 2009.-MICHELLE BACHELET, President of the Republic.-Alvaro Erazo Latorre, Minister of Health. What I transcribe for your knowledge.-Salutes intently to Ud., Jeanette Vega Morales, Undersecretary of Public Health.