As House mulls disability rights bill, insurance concerns raised

Opposition Leader Ralph Thorne has proposed a government-backed reinsurance fund to address potential gaps in insurance coverage for people with disabilities. 

But the Chairman of the Advisory Committee for Improving the Lives of People with Disabilities, Edmund Hinkson MP, assured that the proposed fund already exists within the framework of the Rights of Persons with Disabilities Bill.

During Tuesday’s parliamentary debate on the bill, Thorne stressed the importance of ensuring equitable insurance access for persons with disabilities, noting that insurance companies are not compelled by law to offer coverage, even under the new legislation.

He suggested a reinsurance fund as a solution, where the government could encourage insurers to provide coverage by sharing the financial risk.

“If a disabled person goes to an insurance company, and they choose to exercise their contractual right not to enter into a contract, they may pause and consider that they’re being asked by government to enter into an arrangement in which they become party to a reinsurance fund,” Thorne said.

Such a mechanism, he argued, could help address the financial barriers faced by insurers and expand access to coverage for the disabled community.

Responding to Thorne’s concerns, Hinkson clarified that a section of the bill outlines the establishment of a National Development Fund for Persons with Disabilities.

Administered by the new Social Empowerment Agency through a board of trustees, the fund is designed to provide financial support to persons with disabilities and their organisations.

“The reinsurance fund that he has called on the government to create is addressed in Section eight of the bill,” Hinkson said.

“Income from the fund will be used for persons with disabilities and their organisations. It will be administered by the Social Empowerment Agency through a board of trustees.”

Hinkson added that the fund’s income would be derived from investments, donations from local, regional, and international donors, and other sources.

He also noted that the enactment of the legislation would open Barbados to international financial aid aimed at improving the lives of persons with disabilities.

“This fund will be used to address those legitimate concerns raised by the opposition leader,” Hinkson said.

The Rights of Persons with Disabilities Bill introduces various measures to safeguard the rights of persons with disabilities, including the establishment of a Social Empowerment Agency and a Disabilities Tribunal.

The agency will receive and investigate complaints, initiate independent investigations, and advocate for disabled persons in cases of discrimination or rights violations.

Thorne commended the creation of the tribunal, which he said elevates the rights of persons with disabilities to a level of serious deliberation.

He noted that the tribunal would have the power to order remedies, such as retrofitting inaccessible buildings, awarding compensation, or mandating alternative dispute resolution.

“These tribunals are legal bodies with real power,” Thorne said.

“They can summon respondents, make binding decisions, and enforce those decisions through the High Court if necessary.”

The bill also imposes strict duties on caregivers, requiring them to provide adequate food, shelter, medical care, and other necessities to persons with disabilities.

Neglect or abuse by caregivers will carry penalties of up to $50 000 in fines or five years’ imprisonment.

“This Parliament is debating with serious intent to make it the law that caregivers must not harm those in their charge,” Thorne said, noting the bill’s interpretation of disability to include both congenital and age-related conditions.

Thorne further commended the bill’s overall objectives, noting his support: “There are times when a parliament must join itself in causes that are noble.”

But he stressed that equitable insurance access remains a critical area for improvement, urging the Parliament to ensure that persons with disabilities are not left behind.

“This is an exercise in social mobility, and I want to commend it except with the reservation that I think what I proposed under the rubric of insurance be considered,” Thorne said. (SM)