Integrity Legal - Law Firm in Bangkok | Bangkok Lawyer | Legal Services Thailand Back to
Integrity Legal

Legal Services & Resources 

Up to date legal information pertaining to Thai, American, & International Law.

Contact us: +66 2-266 3698

[email protected]

ResourcesVisa & Immigration LawThailand Immigration LawCould "Unpaid Hospital Bills" Lead to Insurance Requirements for All Thai Retirement Visas?

Could "Unpaid Hospital Bills" Lead to Insurance Requirements for All Thai Retirement Visas?

Transcript of the above video: 

As the title of this video suggests, we are discussing the possibility of insurance being required across the board with regard to Retirement Visas. I've discussed this in the past. I know this is not a popular topic. I'm actually making this video more or less to dispel the notion at least for the time being but I think it is worth people having it in the back of their mind that we could see policy shifts with regard to this in the future. 

Now to be clear, I want to provide some background. I'm going to cite an article from the Pattaya Mail, written by Mr. Barry Kenyon; tip of the hat to you sir, great article. He does mention me in that article, and it is much appreciated. He talks about a video I did in response to this conspiracy theory video that went out on YouTube and started going viral and I had real problems with that because it was based on a lot of, in my opinion, hyperbole and in some cases nonsense. They said that they were quoting some unnamed Immigration Official, which I had some problems believing, and then that Immigration Official introduced them to some “secret network” of folks that are concerned about the Immigration System and want to help foreigners in the Immigration System or something, I don't know. In any event though, there was a lot of talk, and it looked like basically a fear-mongering piece, and I started even asking the question is whether or not it was designed to drive people away from Thailand toward other jurisdictions to both tour and retire in. 

But going back to the issue of insurance, we have discussed in prior videos, now it's going back some years now when this first came up, when Insurance started being required in connection with the O-A Retirement Visa and that primarily had to do with issues associated with hospitalization and bills that were left unpaid to Thai hospitals and then the creation of the policy of mandatory Insurance associated with again and I stress, O-A Retirement Visas. That said, quoting directly from this article from Pattaya Mail, pattayamail.com, the article is titled: Expat dreams shattered in Thailand: cockup, conspiracy or just plain nonsense? Quoting directly: "Hospitals can cancel your Visa: The problem of unpaid hospital bills has been a big issue for at least 20 years. But the idea that Thai hospitals can influence Immigration to cancel your Visa or use data to track you down in other countries to force payment, is way beyond either their scope or their aspirations." Yeah, they go into a thing where they say, "oh, they can use digital algorithms or something to then track you down to other jurisdictions to make you pay for hospitalization that occurred in Thailand." Look, anybody that knows how what we would call “reciprocal” recognition of foreign judgments work, especially as they pertain between Thailand and another jurisdictions, that's pretty ridiculous from a legal standpoint. I am not saying it is completely impossible but highly, highly unlikely. 

Now that said, as the title of the video suggests, this phenomenon of unpaid hospital bills has been a concern for some years now here in Thailand. And let's be clear, it's not necessarily people skipping out on their bills, but unfortunately, as we have discussed previously, it's also people who pass away unfortunately. They will be in Thailand and then they will pass away, and they will leave their bills unpaid, and the hospitals are unable to recoup that for various reasons. It's unfortunate, it happens. That said, it could drive policy in the future. Quoting further: "Foreign Embassies in Bangkok continually remind their nationals that the lack of Health Insurance (unless you can access cash) is likely to see inpatient patients denied significant medical procedures." Yeah there's that, but as I have discussed in other videos, presently the O Retirement Visa does not require Insurance, the O-A does. Now there has always been this differential. One thing we have really noticed is a tightening of the ability to get an O Retirement Visa especially here in Thailand. Now this is arising out of bank policy primarily which I have discussed at length in many other videos. But the thing to take away from this video and unfortunately brought up in that sort of “conspiracy theory” video, and again sort of touched upon perhaps albeit indirectly by Mr. Kenyon here, is this whole issue of unpaid hospital bills. I think this is going to continue to be a significant concern to folks here in Thailand, local policy makers etc., and for that reason I don't think it's impossible that we could possibly see some kind of alignment on insurance requirements between the O and O-A Visa. I am not saying it's a foregone conclusion but have it in the back of your mind to be prepared for that possibility down the line. 

The other thing though is to keep in mind, any time we have ever seen major changes to the O Retirement Visa, most notably back in the '90s, they have grandfathered in those who were in the status prior to the change. So we could see a situation where they start saying, "look all Retirement Visas moving forward need to have insurance", and I can definitely see that, especially as it is probably a lot of people that are past the age of even be able to get any kind of insurance coverage. So they would say look you guys are all grandfathered in; you got in before the deadline, before the cutoff. Anybody new, you are going to have to have insurance. That may be a possibility, I am not saying it is a foregone conclusion, but again I try to make these videos to provide some insight for people to be sort of aware of possible issues and obstacles down the road. We will certainly be keeping you updated on this channel as the situation evolves.