Trustee in health insurance

(1) Only a person who is reliable, professionally qualified, and independent of the insurance undertaking may be appointed trustee; in particular, that person must not have concluded a contract of employment or other service contract with the insurance undertaking or an undertaking affiliated with it, or still hold claims against the undertaking arising from such a contract. Professional qualification requires sufficient knowledge in the field of premium calculation in health insurance. As a general rule, a person already acting as trustee or appointed actuary for ten insurance undertakings or pension funds may not be appointed trustee. The supervisory authority may permit a higher number of mandates.
(2) The person proposed as trustee must be named to the supervisory authority before appointment, stating the facts material to assessing the requirements under subsection (1). Where facts exist showing that the person proposed as trustee does not meet the requirements under subsection (1), the supervisory authority may require that a different person be named. Where circumstances become known after the appointment that would, under subsection (1), have precluded the appointment, or where the trustee does not properly perform the tasks incumbent upon him or her under this Act, in particular by consenting to a premium change that does not comply with the legal provisions, the supervisory authority may require that a different trustee be appointed. Where, in the cases of the second and third sentences, the person proposed or the new trustee also fails to meet the conditions, or no appointment is made, the supervisory authority may itself appoint the trustee. The departure of the trustee must be notified to the supervisory authority without delay.
(3) Subsection (1), first, third, and fourth sentences, and subsection (2), apply correspondingly to the appointment of a trustee in the case of a contract adjustment under section 203(3) of the Insurance Contract Act. Professional qualification requires sufficient legal knowledge, in particular in the field of health insurance.