Medical right to be forgotten
A ban on insurers taking account of a cured condition beyond a set period, whether to load, exclude or decline.
France's Lemoine law of February 28, 2022 covers former cancer or hepatitis C patients whose treatment protocol ended five years ago, with no relapse. They no longer have to mention it to the insurer of their loan. The insurer may neither ask nor rely on it afterward to contest a claim. The rule breaks with actuarial practice on purpose: the history stays statistically significant well past five years, and lawmakers judged that lifelong exclusion from credit weighed more than the pricing gap. It was built in stages, first in the reference grid of the AERAS agreement, then in the law of January 26, 2016, with a period that shortened and a scope that went beyond cancer. Everything rests on policing the health questionnaire, since slipping in the forbidden question would be enough to empty the rule. Patient groups called it the double penalty: cured, you were still shut out of the loan and of the plans that hung on it.
France's act of January 26, 2016 wrote the right to be forgotten into law, with a ten-year period after the end of the treatment protocol. The period was cut to five years for cancers diagnosed before age eighteen. The Lemoine Act of February 28, 2022 unified the period at five years whatever the age at diagnosis and extended it to hepatitis C. It also removed the health questionnaire altogether below 200,000 euros per borrower.
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