Application for a loan or insurance: the “right to be forgotten” lowered from 10 to 5 years for former cancer patients

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To apply for a loan or insurance, patients presenting an “aggravated health risk”, suffering from cancer for example, will no longer have the obligation to be transparent about their former illness 5 years after the end of treatment. Against 10 years ago. Focus on this advance voted in Parliament on February 17.

Since 2016, the right to be forgotten* provided, for patients presenting an “aggravated health risk”, a period of 10 years between the end of the therapeutic protocol and the request for a loan or insurance. A measure taken to avoid the tendency to surcharges or exclusions of guarantees, or quite simply to loan refusals.

After this period of 10 years, it was no longer necessary to talk about his background on February 17, 2022, this period will only be 5 years. A step forward for patients cured of a tumor who would like, for example, to buy real estate or start their own business.

For patients treated before the age of 21, this period was already 5 years to “allow children who have become adults to carry out relatively young financial projects”. With the new law, which will come into force on June 2, 2022, there will therefore be “no longer any distinction according to the age at which the cancer [ou la maladie présentant un risque aggravé de santé, ndlr] was diagnosed”.

The end of the medical questionnaire

Other points, the new law provides for the abolition of the “medical questionnaire for mortgages of less than 200,000 euros per person (400,000 euros for a couple) and whose term occurs before the 60th birthday of the borrower”. In this specific situation, no information can be transmitted to the insurer on the state of health of the insured.

Finally, normal rates may be applied, “under certain conditions, for people who have suffered from cancer or another pathology, but whose state of health has stabilized”.

To note : in the context of cancer, the end of the therapeutic protocol is associated with “the phase of active treatments (surgery, radiotherapy or drug treatments), even if treatments such as hormone therapy or immunotherapy may still be necessary”, relay the specialists of the National Cancer Institute (INCa).

*As part of the AERAS agreement (Insuring and Borrowing with an Aggravated Health Risk)

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