The law also deals with the right to be forgotten for former patients who wish to take out a mortgage.
Until now, the device of the right to be forgotten concerned people who suffered from cancer. This right to be forgotten was set at ten years, except for cancers occurring before the age of 18 for which the period was reduced to five years. For patients who do not fall under the right to be forgotten, the AERAS convention “Insuring and Borrowing with an Aggravated Health Risk” (which brings together the State, professional insurance and bank federations, patient associations and consumers) sets up a reference grid with the aim of facilitating access to borrower insurance for a certain number of listed pathologies.
However, according to the author of the bill, the current agreement seems insufficient with regard to medical advances and the expectations of consumers and patient associations.
After agreement found in a joint committee between deputies and senators, the law reduces the period of the right to be forgotten to five years for all persons who have had cancer, from the end of the therapeutic protocol. This right to be forgotten after five years is extended to hepatitis C.
In addition, a roadmap has been set for the signatories of the AERAS agreement, who will have to initiate, within three months of the promulgation of the law, negotiations to extend the benefit of the right to be forgotten to chronic diseases such as diabetes. If this negotiation does not succeed, a decree will determine the chronic diseases to which the right to be forgotten would be extended, at the latest before the end of July 2022.
Finally, the law delete the medical questionnaire for the home loans below 200,000 euros and maturing before the borrower turns 60. This ceiling applies per person, so in the event of a loan by a couple, it will be 400,000 euros. Two amendments of the government, voted during the vote of the text of the joint parity commission by the deputies, specified that this measure will come into force on June 1, 2022 and that the ceiling of 200,000 euros will apply “per insured” and on “the cumulative outstanding balance of credit agreements”.
This measure should concern more than half of mortgage loans. The parliamentarians have provided that a decree may set more favorable ceilings for the amount and age.
Today, the health questionnaire penalizes patients and former patients who are forced to borrow at much higher rates than people in good health, because of the additional insurance premiums attached to their mortgage.