Israeli Legislation.com

Economic Plan Law (Legislative Amendments for the Implementation of the Economic Policy for the Budget Years 2015 and 2016), 5776-2015

חוק התכנית הכלכלית (תיקוני חקיקה ליישום המדיניות הכלכלית לשנות התקציב 2015 ו-2016), תשע"ו-2015

Published: 2015-11-30Consolidated Hebrew text as of 2023-06-01 · Last amended 2023-06-06✓ Amendment status checked against the Knesset legislation record on 2026-09-28
Premium
Unofficial English translation — for reference only. It may contain errors or omissions and cannot be relied on as a legal text. Only the Hebrew text published in Reshumot is legally binding.More

This English text was translated from the official Hebrew using a range of translation tools, and it undergoes ongoing checks and updates. It is not a certified translation.

Despite these checks, it may contain errors, omissions, or imprecise renderings of legal terminology and cross-references, and it may not yet reflect the latest amendments. It cannot be relied upon as a legal text.

The Hebrew text as published in Reshumot (ספר החוקים) and on the Knesset website is the sole authoritative and legally binding version. In any discrepancy, the Hebrew text prevails.

This translation is provided for informational purposes only and does not constitute legal advice. For use in legal proceedings, request a certified Expert Legal Opinion.

Economic Plan Law (Legislative Amendments for the Implementation of the Economic Policy for the Budget Years 2015 and 2016), 5776-2016*

Table of Contents

Chapter I: Purpose

Chapter II: Housing

Chapter III: Removal of Barriers in the Field of Sewerage Services

Chapter IV: Banking

Chapter V: Health

Chapter VI: Pension Counselling and Pension Marketing

Chapter VII: Natural Gas

Chapter VIII: Establishment of the Electricity Authority

Chapter IX: Commencement

Chapter X: Protection of Public Health (Food)

Need to cite this law in a foreign court?

Eli Shimony Israeli Attorneys-at-Law provides certified Expert Legal Opinions on Israeli law within 24–48 hours, accepted by courts worldwide.

Contact Us →

Chapter I: Purpose of the Law

Purpose§

1.

This Law comes to amend various laws with the purpose of strengthening growth in the economy, increasing productivity in the economy and the level of competition therein, and reducing the cost of living in Israel, including reducing the prices of food products, housing prices and the prices of financial services, all in accordance with the budget targets and economic policy for the years 2015 and 2016.

In Chapters II to IV, part of Chapter V, and Chapters VI to X there are indirect legislative amendments. The full text may be viewed on the website under "Reshumot (Official Gazette) – Sefer HaHukim (Book of Laws)". Attention should be paid to later amendments that will be made to some of these sections.

Need to cite this law in a foreign court?

Eli Shimony Israeli Attorneys-at-Law provides certified Expert Legal Opinions on Israeli law within 24–48 hours, accepted by courts worldwide.

Contact Us →

Chapter V: Health

Definitions§

13.

In this Chapter –

"consultation arrangement" means an agreement between a health maintenance organisation or an insurance company and a physician or a medical institution, pursuant to which the full payment due to the physician or the medical institution for a medical consultation is determined in that agreement, shall be financed by the health maintenance organisation or the insurance company, as the case may be, except for a co-payment to the extent prescribed in the additional health services plan or in the insurance plan, and may be paid by the health maintenance organisation or the insurance company or by the patient;

"surgery arrangement" means an agreement between a health maintenance organisation or an insurance company and a physician or a medical institution, pursuant to which all payments connected to a surgery performed in Israel, including payments to the physician and to the medical institution, as well as payments for the equipment, accessories and preparations used in performing the surgery and in the course of treatment, shall be paid by the health maintenance organisation or the insurance company, as the case may be, except for a co-payment to the extent prescribed in the additional health services plan or in the insurance plan;

"insurance company" means an insurer as defined in the Insurance Supervision Law;

"Health Insurance Law" means the National Health Insurance Law, 5754-1994;

"Insurance Supervision Law" means the Financial Services Supervision Law (Insurance), 5741-1981;

"medical institution" means a hospital or a surgical clinic;

"patient" means a member or an insured person, as the case may be;

"Commissioner of Capital Markets" means the Commissioner of Capital Markets, Insurance and Savings as defined in the Insurance Supervision Law;

"surgical clinic" means a clinic as defined in section 34(c) of the Public Health Ordinance, 1940, which is required to be registered in accordance with the provisions under section 34(a)(2) of the said Ordinance and in which surgical procedures are performed;

"member" and "additional health services" have the meaning ascribed to them in section 10 of the Health Insurance Law;

"insurance policy" means a policy issued pursuant to an insurance plan that includes insurance for surgeries;

"health maintenance organisation" has the meaning ascribed to it in the Health Insurance Law, within the framework of additional health services;

"specialist physician" means a physician holding a specialist title pursuant to the Physicians Ordinance [New Version], 5737-1976;

"insurance plan" has the meaning ascribed to it in section 40 of the Insurance Supervision Law;

"the Ministers" means the Minister of Health and the Minister of Finance.

Surgery Arrangements§

14.
(a)An additional health services plan, with respect to the part that includes coverage for surgeries, shall not be approved, and an insurance plan that includes insurance for surgeries shall not be permitted for marketing, or an amendment to such plans approved, unless the Minister of Health or the Commissioner of Capital Markets, Insurance and Savings, as the case may be, is satisfied that the health maintenance organisation or the insurance company has surgery arrangements that are sufficient to ensure for members or insured persons an adequate scope of operating surgeons and surgeries, both in terms of the variety of operating surgeons and types of surgeries and in terms of their geographical distribution, including distribution in the periphery.
(b)
(1)Without derogating from the provisions of subsection (a) –
(a)an insurance company shall determine the insurance company's physicians list as a single list that shall apply with respect to all insurance plans that include insurance for surgeries that it markets;
(b)an insurance company shall determine the physicians list referred to in sub-paragraph (a) such that at least half of all active physicians on the insurance company's physicians list are active physicians on the health maintenance organisations' physicians lists;
(2)The Minister of Finance, with the consent of the Minister of Health and after consultation with the Commissioner, may prescribe, by Order, a greater number of surgeries for the purposes of paragraph (1) of the definitions of "active physician on the insurance company's physicians list" and "active physician on the health maintenance organisation's physicians list";
(3)In this section –

"active physician on the insurance company's physicians list" means an operating surgeon in respect of whom one of the following applies:

(1)he performed at least one surgery in the preceding calendar year financed by the insurance company;
(2)he is a physician in respect of whom two years have not yet elapsed since the date of his inclusion on the insurance company's physicians list;

"active physician on the health maintenance organisation's physicians list" means an operating surgeon in respect of whom one of the following applies:

(1)he performed at least one surgery in the preceding calendar year financed by the health maintenance organisation;
(2)he is a physician in respect of whom two years have not yet elapsed since the date of his inclusion on the health maintenance organisation's physicians list;

"insurance company's physicians list" means the list of operating surgeons with whom the insurance company has a surgery arrangement or who are included on the specialist physicians list pursuant to section 17(b);

"health maintenance organisation's physicians list" means the list of operating surgeons with whom the health maintenance organisation has a surgery arrangement or who are included on the specialist physicians list pursuant to sections 17(a) and 18.

(c)Without derogating from the provisions of subsections (a) and (b), an insurance company shall not amend or cancel a surgery arrangement with an operating surgeon if, as a result thereof, the overlap rate with one or more health maintenance organisations would decrease, unless the Commissioner of Capital Markets, Insurance and Savings has approved the amendment or cancellation after being satisfied that it is justified in the circumstances of the matter; in this subsection, "overlap rate" means the ratio between the number of operating surgeons included on the insurance company's physicians list who are also included on the physicians list of a particular health maintenance organisation and the number of operating surgeons included on the insurance company's physicians list.

Payments in respect of Surgery§

15.
(a)A health maintenance organisation and an insurance company shall make payments pursuant to an insurance plan or pursuant to an additional health services plan, in respect of a surgery, to the physician or to the medical institution in which the surgery was performed, and only pursuant to a surgery arrangement; a health maintenance organisation and an insurance company shall not give the patient a monetary reimbursement or payment in respect of the surgery.
(b)A physician or a medical institution or anyone acting on their behalf shall not demand and shall not receive from the patient any payment, directly or indirectly, in respect of the surgery or in respect of the choice of the operating surgeon, if the surgery was performed within the framework of a surgery arrangement, except for a co-payment to the extent prescribed pursuant to the additional health services plan or pursuant to the insurance plan.

Consultation Arrangement§

16.

A physician shall not be included on the list of operating surgeons with whom the health maintenance organisation or the insurance company has a surgery arrangement, unless the health maintenance organisation or the insurance company has a consultation arrangement with that physician.

Determination of Exceptions to the Arrangement§

17.
(a)A health maintenance organisation may submit for the approval of the Minister of Health a list of up to 50 specialist physicians in unique fields or in geographical areas in which there is a limited number of specialist physicians, and with respect to whom the health maintenance organisation shall be entitled to offer monetary reimbursement if it has no surgery arrangement with them; the list shall be updated from time to time, with the approval of the Minister of Health.
(b)An insurance company may submit for the approval of the Minister of Finance a list of up to 50 specialist physicians in unique fields or in geographical areas in which there is a limited number of specialist physicians, and with respect to whom the insurance company shall be entitled to offer monetary reimbursement if it has no surgery arrangement with them; the list shall be updated from time to time, with the approval of the Minister of Finance.
(c)The Ministers jointly may amend by Order the number prescribed in subsections (a) and (b), and they may also prescribe that the maximum number of physicians on each list referred to in those subsections shall be determined as a maximum rate of the number of physicians with whom each of the health maintenance organisations or insurance companies has a surgery arrangement.

Provisions regarding a Health Maintenance Organisation whose Share of Total Members is Less than Fifteen Per Cent§

18.

In addition to the provisions of section 17, the Minister of Health may, if he considers it necessary for the purpose of ensuring competition, prescribe that a health maintenance organisation whose share of the total members out of all members in the health maintenance organisations is less than 15 per cent shall be entitled to submit for his approval an additional list of specialist physicians with whom it has no surgery arrangement, in a number not exceeding two per cent of the total physicians with whom the health maintenance organisation has a surgery arrangement, and with respect to whom it shall also be entitled to offer monetary reimbursement within the framework of an additional health services plan; the provisions of section 17 regarding the characteristics of the list shall not apply with respect to the physicians list pursuant to this section.

Provisions regarding an Insurance Company with a Small Market Share§

19.
(a)The provisions of sections 14 to 17 shall not apply to an insurance company whose market share is below a rate directed by the Commissioner of Capital Markets, Insurance and Savings if he considers it necessary for the purpose of ensuring competition, and which has received approval from the Commissioner of Capital Markets, Insurance and Savings to that effect, provided that such a rate shall not exceed ten per cent; a notice of the rate directed by the Commissioner of Capital Markets, Insurance and Savings shall be published in Reshumot (Official Gazette); the approval of the Commissioner of Capital Markets, Insurance and Savings shall remain in force for a period not exceeding one year.
(b)If the market share of an insurance company exceeds the rate set by the Commissioner of Capital Markets, Insurance and Savings, the provisions of subsection (a) shall continue to apply to it with respect to insurance policies issued or renewed during the period in which the approval of the Commissioner of Capital Markets, Insurance and Savings was in force.
(c)In this section, "market share" means the ratio between the total insurance premiums collected by the insurance company in the preceding financial year for insurance policies and the total insurance premiums collected by all insurance companies in that year for insurance policies, all according to the data in the possession of the Commissioner of Capital Markets, Insurance and Savings.

Application of Provisions§

20.

Any provision applying pursuant to the Health Insurance Law to an additional health services plan, including a provision imposing obligations, conferring rights on an insured person or granting powers to a body or person vis-à-vis health maintenance organisations, shall be deemed to apply also to additional health services to which sections 14 to 18 apply.

Chapter V – Commencement and Application§

21.
(a)Sections 13 to 20 shall commence on the 25th of Sivan 5776 (1 July 2016), and shall apply to additional health services provided from that date onwards.
(b)The provisions of sections 13 to 19 shall apply to insurance policies issued or renewed from the date referred to in subsection (a) onwards.

Chapter VIII – Transitional Provisions§

41.
(a)Decisions of the Public Utilities Authority – Electricity, as defined under the Electricity Sector Law as worded on the eve of the commencement day (in this section – the Public Utilities Authority – Electricity), which it made by virtue of its powers under the Electricity Sector Law, and which were in force on the eve of the commencement day, including decisions and determinations concerning licences, standards and tariffs, shall continue to remain in force as long as they have not been amended or revoked pursuant to the provisions of the Electricity Sector Law as worded in section 36 of this Law, and they shall be deemed as if they had been made by the Authority as defined in section 21 of the Electricity Sector Law, as worded in section 36(14) of this Law.
(b)Applications for the approval of the Minister of National Infrastructure, Energy and Water (in this section – the Minister) pursuant to sections 11 to 13 of the Electricity Sector Law as worded on the eve of the commencement day, which were submitted before the commencement day, shall continue to be handled by the Minister even after the commencement day, in accordance with his authority under the said sections as worded on the eve of the commencement day.
(c)With respect to the first Chairperson of the Electricity Authority to be appointed after the date of publication of this Law –
(1)notwithstanding the provisions of the State Service (Appointments) Law, 5719-1959, the appointment shall be fully exempt from tender;
(2)notwithstanding the provisions of section 38(b) of the Electricity Sector Law, as worded in section 36(23)(b) of this Law, the term of office shall be five years, and it shall not be possible to re-appoint such person for an additional term of office.
(d)
(1)Members of the Public Utilities Authority – Electricity shall conclude their tenure on the 19th of Tevet 5776 (31 December 2015), and the tenures of the members of the first Authority pursuant to section 21 of the Electricity Sector Law, as worded in section 36(14) of this Law (in this section – the Authority), shall commence, at the earliest, on the commencement day or on the day of appointment of the first Chairperson of the Electricity Authority as referred to in subsection (c), whichever is the later;
(2)if the first Chairperson of the Electricity Authority as referred to in paragraph (1) has not been appointed, no temporary chairperson shall be appointed to the Authority, and the Director General of the Ministry of National Infrastructure, Energy and Water, or a representative of the Minister from among the employees of his Ministry, and the Budget Director of the Ministry of Finance, or a representative of the Minister of Finance from among the employees of the Ministry of Finance, shall be authorised together to perform the functions of the Authority and shall jointly be vested with the powers of the Authority and the powers of the Chairperson of the Authority, all except with respect to tariffs.
(e)State employees who worked at the Public Utilities Authority – Electricity in accordance with the provisions of section 43 of the Electricity Sector Law, and State employees who worked in the Electricity Administration Unit of the Ministry of National Infrastructure, Energy and Water on the eve of the commencement day, shall, on the commencement day, become employees of the Authority and shall continue to be State employees, all in accordance with the provisions of section 43 of the Electricity Sector Law.
(f)Notwithstanding the provisions of section 60(d12) of the Electricity Sector Law, a supply licence may be granted to a company as referred to in that section that holds a distribution licence, until the 17th of Tevet 5781 (1 January 2021), provided that a supply licence has been granted to it pursuant to the said section, after the commencement of the said section.

Benjamin Netanyahu Moshe Kahlon

Prime Minister Minister of Finance

Reuven Rivlin Yuli-Yoel Edelstein

President of the State Speaker of the Knesset

24. This Law shall commence on the 30th of Tishrei 5777 (1 November 2016) (hereinafter – the commencement day), and the Minister may, by Order, with the approval of the Finance Committee of the Knesset, postpone the commencement day if the Minister finds that the postponement is required for the purpose of preparing for the implementation of the provisions of this Law.

Need to cite this law in a foreign court?

Eli Shimony Israeli Attorneys-at-Law provides certified Expert Legal Opinions on Israeli law within 24–48 hours, accepted by courts worldwide.

Contact Us →

Read the entire law on one page — continuous text, no page breaks, plus PDF downloads.

LawCorporate & BusinessHealthReal Estate & LandAdministrative Law

חוק התכנית הכלכלית (תיקוני חקיקה ליישום המדיניות הכלכלית לשנות התקציב 2015 ו-2016), תשע"ו-2015

Economic Plan Law 2015

Economic Plan Law 2016

Tachlit Kalkalit 2015

Tachlit Kalkalit 2016

Economic Policy Law Israel

Budget 2015 2016 Law

Legislative Amendments Economic Policy

Taktziv 2015 2016

Economic legislation amendments Israel

Fiscal policy law Israel