Locating persons with pre-existing conditions in the private health insurance market: A case for recognition and redistribution for persons with disabilities

July 2026

The policy brief examines the prospects and limits of law in regulating the private health insurance market for providing adequate coverage to persons with pre-existing conditions. We review local regulations and practices in Hong Kong, Australia, Canada and the European Union to suggest regulatory measures that are aligned to the market reality, that offer vital insights in accurately testing the usage of actuarial data, validity of risk factors (correlative or causal) and propriety of risk shielding measures like higher premiums, caps on insured sum, waiting periods, sub-limits, co-payments and deductibles, among others. The formulation of legal strategies that are contextualized to the economic model of health insurance are crucial to promote access to health services and guarantee financial protection to all person with pre-existing conditions, including persons with disability.

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